Adoptive Leave Act 1995

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

8

8.(1) F24[(a) Subject to this Part, F25[a qualifying adopter] who is entitled to, F26[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 employees employment.

(b) The additional adoptive leave F27[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 F25[a qualifying adopter] having caused F25[his or her] employer to be notified in writing of F25[his or 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 F25[his or her] return to work if the F25[the qualifying adopter] had not taken the F28[additional adoptive leave or, where the F25[the qualifying 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 F25[the qualifying adopter] to F25[his or her] employer not later than 4 weeks before the date which would have been the expected date of F25[his or her] return to work if F25[the qualifying adopter] had not taken the additional adoptive leave.

(5) In the case of a foreign adoption, where F25[the qualifying 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 F25[the qualifying adopter]

(a) having caused F25[his or her] employer to be notified in writing not later than 4 weeks before the date on which F25[he or she] intends to take such leave, of the intended date of commencement of such additional adoptive leave, and

F29[(b) having caused F25[his or 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 F25[the qualifying adopter] to F25[his or her] employer.

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

Annotations

Amendments:

F24

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

F25

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 18-26, S.I. No. 148 of 2021.

F26

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

F27

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

F28

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

F29

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

Modifications (not altering text):

C9

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:

E12

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.