Adoptive Leave Act, 1995

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

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.