Adoptive Leave Act 1995

Notification of intention to return to work.

20

20. F56 [ (1) An employee who is entitled to, or is on, adoptive leave or additional adoptive leave shall cause the employer (or, if aware of a change of ownership of the undertaking concerned, the successor) to be notified in writing of the employee s intention to return to work and of the date on which the employee expects to do so

( a ) where the leave is for a period of 4 weeks or less, at the same time as the employee notifies the employer of intention to take the leave,

( b ) where the leave is for a period of more than 4 weeks

(i) subject to subparagraph (ii), in case the leave is postponed leave, either

(I) at the same time as the employee notifies the employer under section 11C(4) of intention to take the leave, or

(II) at least 4 weeks before the date of the expected return to work,

whichever is the later,

(ii) in case the employee is deemed under section 11D(1) to be on postponed leave, as soon as is reasonably practicable after the beginning of the absence from work of the employee owing to sickness but not later than the date on which the employee expects to return to work,

(iii) in any other case, not later than 4 weeks before the date on which the employee expects to return to work. ]

(2) Where, in the opinion of a rights commissioner or the Tribunal, there are reasonable grounds for an adopting parent’s failure to give the notice under subsection (1) or for an adopting parent giving it otherwise than in the time limits specified thereunder, the rights commissioner or Tribunal, as the case may be, shall extend the time for service of the said notice.

(3) In the absence of reasonable grounds, failure to give notice under subsection (1) or the giving of it otherwise than in the time limits specified thereunder are matters that may be taken into account by a rights commissioner, the Tribunal or Circuit Court in determining the adopting parent’s rights under the Act of 1977, this Act or any other relevant enactment so far as the remedies of reinstatement, re-engagement or compensation are concerned.

(4) F57 [ ]

Annotations

Amendments:

F56

Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 17(a), S.I. No. 724 of 2005.

F57

Deleted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 17(b), S.I. No. 724 of 2005.