Adoptive Leave
Adoptive Leave Act 1995
Edited by Dublin solicitor Roddy Tyrrell, an expert in employment rights law in Ireland and is a qualified mediator and an advisor to to a number of EAP schemes. For an obligation-free initial discussion relating to any employer/employee contractual issue or dispute, you can call him now at 01-6671476 or submit the contact form for fast response.
An employed adopting mother or sole male adopter is entitled to 14 consecutive weeks of unpaid adoptive leave and a further 8 weeks additional unpaid adoptive leave.
In general, the leave commences on the day of placement, but, in the case of a foreign adoption, some or all of the leave may be taken immediately before the day of placement.
Where an adopting mother dies, the adopting father is entitled to a period of leave equivalent to the outstanding balance of the adopting mother's leave.
Employees must give at least 4 weeks written notice of:
• Taking adoptive leave
• Taking additional adoptive leave
• Returning to work
An employer is also entitled to be notified of the date of placement and given a certificate of placement as soon as is practicable.Social welfare benefit, if applicable, is available during adoptive leave.The employee has a right to return to the same job or suitable alternative.
Procedures and Enforcement:
Any dispute (within 6 months from the day of placement or within 6 months of first notification to intention to take leave - 12 months in"exceptional circumstances") under the Act (other than a dismissal arising from the employers failure to allow the
employee to return to work - claim under Unfair Dismissals Acts) can be brought to a Rights Commissioner who can award up to 20 weeks remuneration or may give "such directions" as the Rights Commissioner "considers necessary or expedient for the resolution of the dispute".