Adoptive Leave Act 1995

Entitlement of adopting father to adoptive leave in certain circumstances.

9

9.F30[(1) (a) Where F31[a qualifying adopter] dies, F31[the surviving parent] shall be entitled to leave (to be known as "adoptive leave") from F31[his or her] employment.

(b) The adoptive leave shall be for a period of

(i) in case F31[the qualifying adopter] dies on or after the day of placement, 16 weeks less the period between the date of placement and the date of F31[his or her] death, or

(ii) in any other case, 16 weeks.

(c) The period may be extended by order made by the Minister with the consent of the Minister for Social and Family Affairs and the Minister for Finance.]

(2) Entitlement to a period of leave under subsection (1) shall be subject to F31[the surviving parent]

(a) (i) having, as soon as is reasonably practicable before the commencement of the leave, caused F31[his or her] employer to be notified in writing of F31[his or her] intention to take such leave, or

(ii) in a case where F31[the qualifying adopter] died after the day of placement, causing F31[his or her] employer to be notified in writing of F31[his or her] intention to take such leave no later than the day on which F31[he or she] commences the leave,

and

(b) having, as soon as is reasonably practicable, caused F31[his or her] employer to be notified in writing of the day or expected day of placement, as may be appropriate, and

(c) (i) in the case of an adoption other than a foreign adoption, causing F31[his or her] employer to be supplied with the certificate of placement as soon as is reasonably practicable but not later than 4 weeks after the day of placement or 4 weeks after the commencement of the leave whichever is the later, or

(ii) in the case of a foreign adoption,

F32[(I) causing F31[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) as soon as reasonably practicable but not later than 4 weeks after the commencement of the leave, and]

(II) causing F31[his or her] employer to be supplied with particulars in writing of placement as soon as is reasonably practicable,

and

(d) causing, if requested, F31[his or her] employer to be supplied with a copy of the death certificate made in respect of the deceased F31[qualifying adopter] as soon as is reasonably practicable.

F33[(3) The period of adoptive leave referred to in subsection (1) shall commence on the latest of the following:

(a) within 7 days of the death of F31[the qualifying adopter],

(b) the F34[day of placement,]

(c) where, on the date of the death of F31[the qualifying adopter], F31[the surviving parent] is on paternity leave, immediately after the end of F34[the paternity leave, or]]

F35[(d) where, on the date of the death of F31[the qualifying adopter], the adopting father is on parents leave, immediately after the end of the parents leave.]

(4) A notification under this section may be revoked by a further notification in writing by or on behalf of F31[the surviving parent] to F31[his or her] employer.

(5) Where the day of placement is postponed, commencement of the period of adoptive leave shall also be postponed subject to F31[the surviving parent] causing F31[his or her] employer to be notified of the expected new day of placement as soon as is reasonably practicable.

Annotations

Amendments:

F30

Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 5, S.I. No. 724 of 2005.

F31

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 27-40, S.I. No. 148 of 2021.

F32

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

F33

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

F34

Substituted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 36(c)(i), (ii), S.I. No. 629 of 2019.

F35

Inserted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 36(c)(iii), S.I. No. 629 of 2019.

Modifications (not altering text):

C10

Terms “Department of Finance” and “Minister for Finance” construed and functions in subs. (1)(c) transferred (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 5-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

C11

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. 10, in force as per art. 2.

10. The adoptive leave for the purposes of section 9(1) (as amended by section 5 of the Act of 2005) of the Act of 1995 shall be for a period of —

(a) in case the adopting mother dies on or after the day of placement, 24 weeks less the period between the date of placement and the date of her death, or

(b) in any other case, 24 weeks.

Editorial Notes:

E13

Provision made for the substitution, in subs. (3)(d), of "the surviving parent" for "the adopting parent" (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. item 38(b), S.I. No. 148 of 2021. The substitution cannot be made because the "the adopting parent" is not present, and it seems that the reference was intended to be made to "the adopting father".

E14

Power pursuant to section exercised (1.02.2006 and 1.02.2007) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006).

E15

Previous affecting provision: power pursuant to section exercised (1.02.2006) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006), art. 6, in force as per art. 2, superseded by art. 10 of the same instrument, above.

E16

Previous affecting provision: power pursuant to section exercised (19.11.2004) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), art. 5, in force as per art. 3; revoked (28.11.2005) by Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.

E17

Previous affecting provision: power pursuant to section exercised (8.02.2001) by Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001), art. 6; revoked (19.11.2004) by Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004), reg. 2 and Adoptive Leave Act 1995 (2/1995), s. 45 as inserted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), S.I. No. 724 of 2005.