PART II

Adoptive Leave

6. —Subject to this Part, an employed adopting mother (or sole male adopter) shall be entitled to leave, referred to in this Act as “adoptive leave”, from her employment for a period (“the minimum period of adoptive leave”), beginning on the day of placement, of not less than 10 consecutive weeks, or such other period as the Minister may, with the consent of the Minister for Social Welfare and the Minister for Finance, by order prescribe.

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 an employed adopting mother (or sole male adopter)—

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

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

(c) causing 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 an employed adopting mother (or sole male adopter)—

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

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

(c) (i) having caused her employer to be supplied with a copy of the declaration made pursuant to section 5 (1) (iii) (II) of the Adoption Act, 1991 , before the expected day of placement, if not already supplied, and

(ii) causing 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 the employed adopting mother (or sole male adopter) to her employer.

(4) Where the day of placement is postponed, commencement of the period of adoptive leave shall also be postponed subject to the employed adopting mother (or sole male adopter) causing her employer to be notified of the expected new day of placement as soon as is reasonably practicable.

8. —(1) Subject to this section, an employed adopting mother (or sole male adopter) who has taken adoptive leave shall, if she so requests, be entitled to further leave, referred to in this Act as “additional adoptive leave”, for a maximum period of 4 consecutive weeks or such other period as the Minister may, with the consent of the Minister for Social Welfare and the Minister for Finance, by order prescribe and, subject to the provisions of subsection (5), commencing immediately after the end of her adoptive leave.

(2) Entitlement to additional adoptive leave, in a situation other than one to which subsection (5) applies, shall be subject to an employed adopting mother (or sole male adopter) having caused her employer to be notified in writing of her intention to take such leave.

(3) Notification under subsection (2) shall be given either at the same time as the relevant notification under section 7 (1) (a) or (2) (a) or not later than 4 weeks before the date which would have been the expected date of her return to work if the employed adopting mother (or sole male adopter) had not taken the additional adoptive leave.

(4) A notification under subsection (2) may be revoked by a further notification in writing by or on behalf of the employed adopting mother (or sole male adopter) to her employer not later than 4 weeks before the date which would have been the expected date of her return to work if the employed adopting mother (or sole male adopter) had not taken the additional adoptive leave.

(5) In the case of a foreign adoption, where the employed adopting mother (or sole male adopter) requires a period of additional adoptive leave before the day of placement, for the purposes of familiarisation with the child who is to be adopted, some or all of the additional adoptive leave may be taken before the day of placement.

(6) Entitlement to additional adoptive leave under subsection (5) shall be subject to the employed adopting mother (or sole male adopter)—

(a) having caused her employer to be notified in writing not later than 4 weeks before the date on which she intends to take such leave, of the intended date of commencement of such additional adoptive leave, and

(b) having caused her employer to be supplied with a copy of the declaration made pursuant to section 5 (1) (iii) (II) of the Adoption Act, 1991 .

(7) A notification under subsection (6) (a) may be revoked by a further notification in writing by or on behalf of the employed adopting mother (or sole male adopter) to her employer.

(8) A period of additional adoptive leave under subsection (5) shall expire immediately before the day of placement.

9. —(1) Where an adopting mother dies, the adopting father shall be entitled to leave (“adoptive leave”) from his employment for one of the following periods as may be appropriate—

(a) 10 weeks, or

(b) in a case where the adopting mother dies on or after the day of placement, 10 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of her death, or

(c) such other period as the Minister may, with the consent of the Minister for Social Welfare and the Minister for Finance, by order prescribe.

(2) Entitlement to a period of leave under subsection (1) shall be subject to the adopting father—

(a) (i) having, as soon as is reasonably practicable before the commencement of the leave, caused his employer to be notified in writing of his intention to take such leave, or

(ii) in a case where the adopting mother died after the day of placement, causing his employer to be notified in writing of his intention to take such leave no later than the day on which he commences the leave,

and

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

(c) (i) in the case of an adoption other than a foreign adoption, causing his 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 or 4 weeks after the commencement of the leave whichever is the later, or

(ii) in the case of a foreign adoption,

(I) causing his employer to be supplied with a copy of the declaration made pursuant to section 5 (1) (iii) (II) of the Adoption Act, 1991 , as soon as is reasonably practicable but not later than 4 weeks after the commencement of the leave, and

(II) causing his employer to be supplied with particulars in writing of placement as soon as is reasonably practicable,

and

(d) causing, if requested, his employer to be supplied with a copy of the death certificate made in respect of the deceased adopting mother as soon as is reasonably practicable.

(3) The period of adoptive leave referred to in subsection (1) shall commence within 7 days of the death of the adopting mother or on the day of placement whichever is the later.

(4) A notification under this section may be revoked by a further notification in writing by or on behalf of the adopting father to his employer.

(5) Where the day of placement is postponed, commencement of the period of adoptive leave shall also be postponed subject to the adopting father causing his employer to be notified of the expected new day of placement as soon as is reasonably practicable.

10. —(1) Where an adopting mother dies, the adopting father shall, if he so requests, be entitled to leave (“additional adoptive leave”) from his employment for one of the following periods as may be appropriate—

(a) 4 weeks, or

(b) in a case where the adopting mother dies on or after the expiration of 10 weeks from the day of placement, 4 weeks less a period equivalent to the period beginning on the day immediately following the expiration of 10 weeks from the day of placement and ending on the date of her death, or

(c) such other period as the Minister may, with the consent of the Minister for Social Welfare and the Minister for Finance, by order prescribe.

(2) Entitlement to a period of leave under subsection (1) shall be subject to an adopting father 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 an adopting father has already complied with the provisions of section 9 (2) (b), (c) and (d), it shall not be necessary for him to comply with those provisions as adapted by subsection (3) in order to satisfy the requirements of subsection (2).

(5) The period of additional adoptive leave referred to in subsection (1) shall commence within 7 days of the death of the adopting mother or, where the adopting father 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 the adopting father to his employer.

11. —(1) In the case of a foreign adoption, where the adopting mother dies and the adopting father requires a period of additional adoptive leave before the day of placement, for the purposes of familiarisation with the child who is to be adopted, some or all of the additional adoptive leave under section 10 may be taken immediately before the day of placement.

(2) Entitlement to a period of leave under subsection (1) shall be subject to the adopting father—

(a) having, as soon as is reasonably practicable, caused his employer to be notified in writing of his intention to take such additional adoptive leave before the day of placement, and

(b) causing his employer to be supplied with a copy of the declaration made pursuant to section 5 (1) (iii) (II) of the Adoption Act, 1991 , as soon as is reasonably practicable but not later than 4 weeks after commencement of the leave, and

(c) causing, if requested, his employer to be supplied with a copy of the death certificate made in respect of the deceased adopting mother as soon as is reasonably practicable.

(3) The period of additional adoptive leave referred to in subsection (1) shall commence as soon as is reasonably practicable after the death of the adopting mother.

(4) A notification under this section may be revoked by a further notification in writing by or on behalf of the adopting father to his employer.

(5) Where the expected day of placement is postponed, commencement of the period of additional adoptive leave under this section shall also be postponed subject to the adopting father causing his employer to be notified of the expected new day of placement as soon as is reasonably practicable.

12. —(1) Where the placement of the child with the adopting parent is for a period of less than 14 weeks (other than as a result of the death of the child), the adopting parent shall cause her employer to be notified in writing of the date of termination of placement as soon as is reasonably practicable but not later than 7 days after the date of termination of placement.

(2) On receipt by her employer of a notification under subsection (1), the adopting parent shall be required to return to work on such date as is convenient to her employer but not later than the date on which the notified period of adoptive leave or, as the case may be, the notified period of additional adoptive leave expires.

(3) In the case of a foreign adoption, where an adopting parent takes additional adoptive leave before the day of placement and no placement takes place, she shall return to work on the day on which the notified period of such leave expires, at the latest, and shall cause her employer to be notified of the intended date of her return to work as soon as is reasonably practicable.

(4) In a case to which subsection (2) relates an employer shall give the adopting parent one week's notice of the day on which she is required to return to work.

(5) Where, in the opinion of a rights commissioner or the Tribunal, there are reasonable grounds for an adopting parent's failure to give a notice under this section or for an adopting parent giving it otherwise than within 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.

(6) In the absence of reasonable grounds, failure to give notice under this section 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 re-instatement, re-engagement or compensation are concerned.

13. —(1) An adopting parent shall, if she so requests, be issued with a certificate (“the certificate of placement”) by—

(a) the health board which arranges the placing of the child with the adopting parent, or

(b) the registered adoption society which arranges the placing of the child with the adopting parent.

(2) The certificate of placement referred to in subsection (1) shall be issued, no later than 7 days from the date of receipt of the request, by the health board or registered adoption society, as may be appropriate.

(3) The certificate of placement referred to in subsection (1) shall state the following—

(a) the date on which it is issued,

(b) the day of placement,

(c) the sex and date of birth of the child,

(d) the name and address of the adopting parent or parents,

and shall be signed by a person authorised to issue such a certificate on behalf of the issuing authority.

(4) The certificate of placement when being issued in accordance with subsection (1) (a) may be issued on behalf of the health board by its chief executive officer.

(5) In subsection (4) “chief executive officer” includes a person acting as deputy chief executive officer in accordance with section 13 of the Health Act, 1970 .

(6) Where the placing of the child with the adopting parent or parents was arranged otherwise than by a health board or registered adoption society and an application for an adoption order has been received by An Bord Uchtála from an adopting parent or parents, An Bord Uchtála shall, on receipt of a request from an adopting parent for a certificate (“the certificate of placement”), issue the adopting parent with a certificate of placement.

(7) The certificate of placement referred to in subsection (6) shall be issued, no later than 7 days from the date of receipt of the request, by An Bord Uchtála.

(8) The certificate of placement referred to in subsection (6) shall state the following—

(a) the date on which it is issued,

(b) the date of the application for an adoption order,

(c) the day of placement as stated in the application,

(d) the sex and date of birth of the child,

(e) the name and address of the adopting parent or parents,

and shall be signed by an officer of An Bord Uchtála authorised to issue such a certificate in that behalf.

14. —The certificate of placement or a copy thereof certified by the body which issued the certificate of placement to be a true copy shall, unless the contrary is proved, be evidence of the matters referred to therein in any proceedings arising out of or relating to the exercise or attempted exercise by an adopting parent of her rights under this Act.