Adoptive Leave Act 1995

Notification of employer.

7

7.—(1) In the case of an adoption other than a foreign adoption, entitlement to the minimum period of adoptive leave shall be subject to F22[a qualifying adopter]—

(a) having, as soon as is reasonably practicable but not later than 4 weeks before the expected day of placement, caused F22[his or her] employer to be notified in writing of F22[his or her] intention to take adoptive leave, and

(b) having, as soon as is reasonably practicable, caused F22[his or her] employer to be notified in writing of the expected day of placement, and

(c) causing F22[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.

(2) In the case of a foreign adoption, entitlement to the minimum period of adoptive leave shall be subject to F22[a qualifying adopter]—

(a) having, as soon as is reasonably practicable but not later than 4 weeks before the expected day of placement, caused F22[his or her] employer to be notified in writing of F22[his or her] intention to take adoptive leave, and

(b) having, as soon as is reasonably practicable, caused F22[his or her] employer to be notified in writing of the expected day of placement, and

F23[(c) (i) having caused F22[his or her] employer to be supplied with a copy of an applicable "declaration of eligibility and suitability" (within the meaning of section 3 (1) of the Adoption Act 2010) before the expected day of placement, if not already supplied, and]

(ii) causing F24[his or] her employer to be supplied with particulars in writing of the placement as soon as is reasonably practicable after the day of placement.

(3) A notification under this section may be revoked by a further notification in writing by or on behalf of F22[the qualifying adopter] to F24[his or] her employer.

(4) Where the day of placement is postponed, commencement of the period of adoptive leave shall also be postponed subject to F22[the qualifying adopter] causing F22[his or her] employer to be notified of the expected new day of placement as soon as is reasonably practicable.

Annotations

Amendments:

F22

Substituted (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. items 8-17, S.I. No. 148 of 2021.

F23

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

F24

Inserted (3.07.2023) by Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023), s. 35(a),(b), S.I. No. 341 of 2023, art. 2(b).

Editorial Notes:

E11

Amendments to subs. (3) made (1.04.2021) by Family Leave and Miscellaneous Provisions Act 2021 (4/2021), s. 7 and sch. item 16, S.I. No. 148 of 2021 as per F-note above, which tend to make the adoptive parent gender-neutral, do not extend to "her" in this subsection.