Adoptive Leave Act, 1995

Placements of less than fourteen weeks duration.

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.