Adoptive Leave Act 1995

PART III

Provisions Relating to Employment Contracts

F31 [ Preservation or suspension of certain rights, etc., while on adoptive leave.

15

15. (1) While absent from work on adoptive leave, an employee

( a ) shall be deemed to have been in the employment of the employer, and

( b ) shall, subject to subsection (6) and section 17, be treated as if the employee had not been so absent,

and the absence shall not affect any right of the employee related to the employment (other than the right to remuneration during the absence), whether conferred by statute, contract or otherwise.

(2) While absent from work on additional adoptive leave an employee

( a ) shall be deemed to have been in the employment of the employer, and

( b ) shall, subject to subsection (6) and section 17, be treated as if the employee had not been so absent,

and the absence shall not affect any right or obligation related to the employee s employment (other than the employee s right to remuneration or superannuation benefits or any obligation to pay contributions in or in respect of the employment during the absence), whether conferred or imposed by statute, contract or otherwise.

(3) While absent from work attending pre-adoption classes or meetings in accordance with section 11A, an employee

( a ) shall be deemed to be in the employment of the employer, and

( b ) shall, subject to subsection (6) and section 17, be treated as if the employee had not been so absent,

and the absence shall not affect any right related to the employee s employment, whether conferred by statute, contract or otherwise.

(4) Nothing in this section shall affect the right of an employee to be offered suitable alternative employment under section 19.

(5) A period of absence from work in accordance with this Act shall not be treated as part of any other leave (including sick leave or annual leave) to which an employee is entitled.

(6) Where, on starting employment, an employee is on probation, is undergoing training in relation to it or is an apprentice, the probation, training or apprenticeship shall stand suspended during any absence from work in accordance with this Act and shall be completed by the employee on returning to work after the absence.

(7) An employee shall be deemed not to be an employed contributor for the purposes of the Social Welfare Acts for any contribution week (within the meaning of those Acts) while absent from work on adoptive leave or additional adoptive leave if the employee does not receive any reckonable earnings (within that meaning) in respect of that week.

(8) The Minister may by regulations prescribe a period or periods of training in relation to which subsection (6) shall not apply. ]

Annotations:

Amendments:

F31

Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 12, S.I. No. 724 of 2005.