Adoptive Leave Act 1995

Right to adoptive leave where child placed before commencement of Act.

42

42.(1) Where a child has been placed with an adopting parent at any time within the period of 10 weeks before the commencement of this Act—

(a) the adopting parent shall be entitled to adoptive leave for a period of 10 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of commencement of this Act, or

(b) the adopting father shall, in circumstances where the adopting mother dies after the commencement of this Act, be entitled to leave for a period of 10 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of the adopting mother’s death.

(2) The adopting parent shall commence a period of leave referred to in subsection (1) (a) within the period of 7 days beginning on the date of commencement of this Act and shall, as soon as is reasonably practicable but not later than the day on which the leave is commenced, cause her employer to be notified in writing of her intention to take such leave.

(3) The adopting father shall commence a period of leave referred to in subsection (1) (b) within the period of 7 days beginning on the date of the death of the adopting mother and shall, as soon as is reasonably practicable but not later than the day on which the leave is commenced, cause his employer to be notified in writing of his intention to take such leave.

(4) (a) In the case of an adoption other than a foreign adoption, entitlement to leave under subsection (1) (a) shall be subject to an adopting parent causing her employer to be supplied with the certificate of placement as soon as is reasonably practicable but not later than 4 weeks after the commencement of the leave.

(b) In the case of a foreign adoption, entitlement to leave under subsection (1) (a) shall be subject to an adopting parent—

(i) causing her employer to be supplied with a copy of the declaration made pursuant to section 5 (1) (iii) (II) of the Adoption Act, 1991, before the commencement of the leave, and

(ii) causing her employer to be supplied with particulars in writing of the placement as soon as reasonably practicable.

(5) Paragraphs (b), (c) and (d) of section 9 (2) shall apply in respect of an adopting father taking leave under subsection (1) (b).

(6) An employer who receives a notification under this section 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 notified day of commencement of the leave.

Annotations

Editorial Notes:

E31

This section is spent because it applies to placements within 10 weeks before commencement of the Act (20.03.1995, S.I. No. 64 of 1995).