Adoptive Leave Act 1995

Entitlement of adopting father to additional adoptive leave in certain circumstances.

10

10.—F38[(1)(a) An employed F39[surviving parent] who is entitled to, or is on, adoptive leave on the death of F39[the qualifying adopter] shall, on request, be entitled to further leave (to be known as "additional adoptive leave") from F39[his or her] employment.

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

(i) in case F39[the qualifying adopter] dies on or after the expiration of 16 weeks from the day of placement, 8 weeks less the period between the date of that expiration and the date of F39[his or her] death, or

(ii) in any other case, 8 weeks.

(c) The period of additional adoptive leave may be extended by order made by the Minister.]

(2) Entitlement to a period of leave under subsection (1) shall be subject to F39[a surviving parent] complying with section 9 (2) as adapted by subsection (3).

(3) For the purposes of this section, references in section 9 (2) to adoptive leave shall be construed as including references to additional adoptive leave and references therein to subsection (1) of that section shall be construed as including references to subsection (1) of this section.

(4) Where F39[a surviving parent] has already complied with the provisions of section 9 (2) (b), (c) and (d), it shall not be necessary for F39[him or her] to comply with those provisions as adapted by subsection (3) in order to satisfy the requirements of subsection (2).

F40[(5) The period of additional adoptive leave referred to in subsection (1) shall commence—

(a) within 7 days of the death of F39[the qualifying adopter],

(b) where, on the date of the death of F39[the qualifying adopter], F39[the surviving parent] is on paternity leave, immediately after the end of the paternity leave, or

(c) where F39[the surviving parent] was on adoptive leave, on the day immediately following the end of such leave.]

(6) A notification under this section may be revoked by a further notification in writing by or on behalf of F39[the surviving parent] to F39[his or her] employer.

Annotations

Amendments:

F38

Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 6, S.I. No. 724 of 2005.

F39

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 41-48, S.I. No. 148 of 2021.

F40

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

Modifications etc. (not altering text):

C12

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. 11, in force as per art. 2.

11. The additional adoptive leave for the purposes of section 10(1) (as amended by section 6 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 expiration of 24 weeks from the day of placement, 16 weeks less the period between the date of that expiration and the date of her death, or

(b) in any other case, 16 weeks.

Editorial Notes:

E18

Provision made for two substitutions, in subs. (1)(a), of "the qualifying adopter" for "the adopting mother" (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. item 41(a), (c), S.I. No. 148 of 2021. The second substitution cannot be made because a second instance of the "the adopting mother" is not present.

E19

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).

E20

Previous affecting provision: power pursuant to section exercised and application of section affected (1.02.2006) byAdoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006), art. 7, in force as per art. 2, superseded by art. 11 of the same instrument above.

E21

Previous affecting provision: power pursuant to section exercised and application affected (8.02.2001) by Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001), art. 7, in force as per art. 2; 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.