Adoptive Leave Act 1995
F18[Entitlement of employed adopting mother (or sole male adopter) to minimum period of adoptive leave.
6.—(1) Subject to this Part, F19[a qualifying adopter] shall be entitled to leave (to be known as "adoptive leave") from the employee’s employment.
(2) Adoptive leave shall begin on the date of placement and be for a minimum period of 16 weeks.
(3) The minimum 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.]
F20[(4) A person may not avail of adoptive leave (within the meaning of subsection (1)) under this Act where the person avails of paternity leave under the Paternity Leave and Benefit Act 2016.]
Annotations
Amendments:
F18
Substituted (28.11.2005) by Adoptive Leave Act 2005 (25/2005), s. 3, S.I. No. 724 of 2005.
F19
Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. item 7, S.I. No. 148 of 2021.
F20
Inserted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 6, S.I. No. 148 of 2021.
Modifications (not altering text):
C6
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
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.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 2 of 1995 |
Adoptive Leave Act 1995 |
Sections 6 and 9(1)(c) |
|
... |
... |
... |
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. 8, in force as per art. 2.
8. The minimum period for the purposes of section 6 (as amended by section 3 of the Act of 2005) of the Act of 1995 is 24 weeks.
Editorial Notes:
E7
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).
E8
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. 4, in force as per art. 2, superseded by art. 8 of the same instrument, above.
E9
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. 4, 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.
E10
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. 4; 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.