Adoptive Leave Act 1995

Alternative notification procedure.

41

41.(1) Where an adopting parent commences employment within a period of 6 weeks before the day of placement F75[he or she] shall, as soon as is reasonably practicable but not later than the day on which F75[he or she] commences adoptive leave, cause F75[his or her] employer to be notified in writing of F75[his or her] intention to take adoptive leave, and where such notification is given, the provisions of section 7 (1) (a), 7 (2) (a) or 9 (2) (a) (i), as the case may be, shall not apply in respect of that period of leave.

(2) Where an adopting parent commences employment within a period of 6 weeks before the day of placement and wishes to take a period of additional adoptive leave before the day of placement under section 8 (5) or section 11, as the case may be, the adopting parent shall, as soon as is reasonably practicable, but no later than the day on which F75[he or she] commences such leave, cause F75[his or her] employer to be notified in writing of F75[his or her] intention to take additional adoptive leave before the day of placement, and when such notification is given the provisions of section 8 (6) (a) or 11 (2) (a), as the case may be, shall not apply in respect of that period of leave.

(3) Where a child is to be placed with an adopting parent within the period of 6 weeks beginning on the commencement of this Act, the adopting parent shall, as soon as is reasonably practicable but not later than the day of placement, cause F75[his or her] employer to be notified in writing of F75[his or her] intention to take adoptive leave, and where such notification is given, the provisions of section 7 (1) (a), 7 (2) (a) or 9 (2) (a) (i), as the case may be, shall not apply in respect of that period of leave.

(4) Where a child is to be placed with an adopting parent within the period of 6 weeks beginning on the commencement of this Act and the adopting parent wishes to take a period of additional adoptive leave before the day of placement under section 8 (5) or section 11, as the case may be, the adopting parent shall, as soon as is reasonably practicable, but no later than the day on which F75[he or she] commences such leave, cause F75[his or her] employer to be notified in writing of F75[his or her] intention to take additional adoptive leave before the day of placement, and when such notification is given the provisions of section 8 (6) (a) or 11 (2) (a), as the case may be, shall not apply in respect of that period of leave.

(5) An employer, who receives a notification under this section within 2 weeks of the notified day of commencement of the leave, may require the adopting parent to delay commencement of the leave, in respect of which the notification was given, for up to 2 weeks from the day on which the notification was received.

Annotations

Amendments:

F75

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 68-71, S.I. No. 148 of 2021.

Editorial Notes:

E30

Subss. (3) and (4) are spent because they apply to adoptions within 6 weeks of commencement of the Act (20.03.1995, S.I. No. 64 of 1995).