Adoptive Leave Act, 1995

Entitlement of adopting father to adoptive leave in certain circumstances.

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.