Adoptive Leave Act, 1995

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

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.