Adoptive Leave Act 1995

PART VI

Miscellaneous and Transitional Provisions

Alternative notification procedure.

41

41. (1) Where an adopting parent commences employment within a period of 6 weeks before the day of placement she shall, as soon as is reasonably practicable but not later than the day on which she commences adoptive leave, cause her employer to be notified in writing of 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 she commences such leave, cause her employer to be notified in writing of 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 her employer to be notified in writing of 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 she commences such leave, cause her employer to be notified in writing of 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:

Editorial Notes:

E24

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).