Adoptive Leave Act 1995

Entitlement of employed adopting mother (or sole male adopter) to additional adoptive leave.

8

8. (1) F14 [ ( a ) Subject to this Part, an employed adopting mother (or sole male adopter) who is entitled to, F15 [ or is on, adoptive leave or transferred paternity leave ] shall, on request, be entitled to further leave (to be known as additional adoptive leave ) from the employee s employment.

( b ) The additional adoptive leave F16 [ or, where applicable, any period of transferred paternity leave ] shall commence immediately after the adoptive leave and be for a maximum period of 8 weeks.

( c ) The maximum period may be extended by order made by the Minister. ]

(2) Entitlement to additional adoptive leave, in a situation other than one to which subsection (5) applies, shall be subject to an employed adopting mother (or sole male adopter) having caused her employer to be notified in writing of her intention to take such leave.

(3) Notification under subsection (2) shall be given either at the same time as the relevant notification under section 7 (1) (a) or (2) (a) or not later than 4 weeks before the date which would have been the expected date of her return to work if the employed adopting mother (or sole male adopter) had not taken the F17 [ additional adoptive leave or, where the employed adopting mother (or sole male adopter) takes transferred paternity leave, the date on which the additional adoptive leave is, under subsection (1)(b) , to commence. ]

(4) A notification under subsection (2) may be revoked by a further notification in writing by or on behalf of the employed adopting mother (or sole male adopter) to her employer not later than 4 weeks before the date which would have been the expected date of her return to work if the employed adopting mother (or sole male adopter) had not taken the additional adoptive leave.

(5) In the case of a foreign adoption, where the employed adopting mother (or sole male adopter) requires a period of additional adoptive leave before the day of placement, for the purposes of familiarisation with the child who is to be adopted, some or all of the additional adoptive leave may be taken before the day of placement.

(6) Entitlement to additional adoptive leave under subsection (5) shall be subject to the employed adopting mother (or sole male adopter)—

( a) having caused her employer to be notified in writing not later than 4 weeks before the date on which she intends to take such leave, of the intended date of commencement of such additional adoptive leave, and

F18 [ ( b ) having caused her employer to be supplied with a copy of an applicable instrument, prepared by or on behalf of the Central Authority of the state of the adoption, that is equivalent to a declaration of eligibility and suitability (within the meaning of section 3 (1) of the Adoption Act 2010). ]

(7) A notification under subsection (6) (a) may be revoked by a further notification in writing by or on behalf of the employed adopting mother (or sole male adopter) to her employer.

(8) A period of additional adoptive leave under subsection (5) shall expire immediately before the day of placement.

Annotations:

Amendments:

F14

Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 4, S.I. No. 724 of 2005.

F15

Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(b), S.I. No. 435 of 2016.

F16

Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(b), S.I. No. 435 of 2016.

F17

Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 35(c), S.I. No. 435 of 2016.

F18

Substituted (1.11.2010) by Adoption Act 2010 (21/2010), s. 157(c), S.I. No. 511 of 2010.

Modifications (not altering text):

C7

Application of section affected (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006), art. 9, in force as per art. 2.

9. The maximum period for the purposes of section 8(1) (as amended by section 4 of the Act of 2005) of the Act of 1995 is 16 weeks.

Editorial Notes:

E9

Power pursuant to section exercised (1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006), art. 5, in effect as per art. 2.