No. 2/1995:

ADOPTIVE LEAVE ACT, 1995

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and commencement.

2 Interpretation.

3 Orders and regulations.

4 Voidance or modification of certain provisions in agreements.

5 Expenses.

PART II ADOPTIVE LEAVE

6 Entitlement of employed adopting mother (or sole male adopter) to a minimum period of adoptive leave.

7 Notification of employer.

8 Entitlement of employed adopting mother (or sole male adopter) to additional adoptive leave.

9 Entitlement of adopting father to adoptive leave in certain circumstances.

10 Entitlement of adopting father to additional adoptive leave in certain circumstances.

11 Entitlement of adopting father to additional adoptive leave before day of placement in certain circumstances.

12 Placements of less than fourteen weeks duration.

13 Certificate of placement to be issued.

14 Evidence as to certificate of placement.

PART III PROVISIONS RELATING TO EMPLOYMENT CONTRACTS

15 Preservation or suspension of certain rights, etc. while on adoptive leave.

16 Voidance of certain purported terminations of employment, etc.

17 Extension of certain notices of termination of employment or of certain suspensions.

18 General right to return to work on expiry of adoptive leave or additional adoptive leave.

19 Right to suitable alternative employment in certain circumstances on return to work.

20 Notification of intention to return to work.

21 Postponement of return to work.

PART IV AMENDMENT OR APPLICATION OF OTHER ENACTMENTS

22 Amendment of section 1 of Act of 1977.

23 Amendment of section 2 (2) of Act of 1977.

24 Amendment of section 6 (2) of Act of 1977.

25 Amendment of section 6 of Act of 1977.

26 Adopting parent not permitted to return to work.

27 Amendment of section 2 of Act of 1967.

28 Amendment of Schedule 3 to Act of 1967.

29 Adopting parent not permitted to return to work.

30 Adopting parent not permitted to return to work.

PART V DISPUTES RELATING TO ENTITLEMENT

31 Definition.

32 Disputes regarding entitlement under this Act.

33 Redress.

34 Referral of disputes to rights commissioner.

35 Appeal from decision of rights commissioner.

36 Appeal to High Court on point of law.

37 Service of documents.

38 Provisions relating to winding up and bankruptcy.

39 Enforcement of decision of rights commissioner and determination of Tribunal.

40 Extension of Protection of Employees (Employers' Insolvency) Act, 1984.

PART VI MISCELLANEOUS AND TRANSITIONAL PROVISIONS

41 Alternative notification procedure.

42 Right to adoptive leave where child placed before commencement of Act.

43 Right to additional adoptive leave where child placed before commencement of Act.

44 Notification of intention to return to work in respect of leave taken under sections 42 and 43.

AN ACT TO ENTITLE FEMALE EMPLOYEES, AND IN CERTAIN CIRCUMSTANCES MALE EMPLOYEES, TO EMPLOYMENT LEAVE FOR THE PURPOSE OF CHILD ADOPTION, TO EXTEND TO THEM THE PROTECTION AGAINST UNFAIR DISMISSAL CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977 , AND TO PROVIDE FOR CONNECTED MATTERS.

[15th March, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: