Parent's Leave and Benefit Act 2019
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Notification to employer | ||
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6. (1) Subject to this section and section 11 , entitlement to parent’s leave shall be subject to an employee who is a relevant parent in relation to a child having notified in writing and in accordance with subsection (2) or (5), as the case may be, his or her employer (or caused his or her employer to be so notified) of his or her intention to take parent’s leave (in this Act referred to as a “relevant notification”). | ||
(2) Notification under subsection (1) shall— | ||
(a) in the case of an adoption where the relevant parent is a person referred to in paragraph (a)(i) of the definition of relevant parent in section 2 (1)— | ||
(i) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(ii) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(iii) where the employer is not the same employer from whose employment the relevant parent has taken adoptive leave under section 6(1) of the Act of 1995, include— | ||
(I) where the adoption is not an intercountry adoption effected or to be effected outside the State, a copy of the certificate of placement that he or she supplied to his or her employer under section 7(1)(c) of the Act of 1995, or | ||
(II) where the adoption is an intercountry adoption effected or to be effected outside the State, a copy of an applicable declaration of eligibility and suitability and particulars in writing of the placement that he or she supplied to his or her employer under section 7(2)(c) of the Act of 1995, | ||
(b) in the case of an adoption, other than an intercountry adoption effected or to be effected outside the State, where the relevant parent— | ||
(i) is a person referred to in paragraph (a)(ii) of the definition of relevant parent in section 2 (1)— | ||
(I) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(II) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(III) subject to subsection (3), include a copy of the certificate of placement that the employed adopting mother or sole male adopter concerned, as the case may be, supplied to his or her employer under section 7(1)(c) of the Act of 1995, | ||
or | ||
(ii) is a person referred to in paragraph (a)(iii) of the definition of relevant parent in section 2 (1)— | ||
(I) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(II) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(III) include a copy of an applicable declaration of eligibility and suitability, and as soon as reasonably practicable after the day of placement, particulars in writing of the placement, | ||
(c) in the case of an intercountry adoption effected or to be effected outside the State, where the relevant parent— | ||
(i) is a person referred to in paragraph (a)(ii) of the definition of relevant parent in section 2 (1)— | ||
(I) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(II) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(III) subject to subsection (3), include a copy of an applicable declaration of eligibility and suitability that the employed adopting mother or sole male adopter concerned, as the case may be, supplied to his or her employer under section 7(2)(c) of the Act of 1995 and particulars in writing of the placement, | ||
or | ||
(ii) is a person referred to in paragraph (a)(iii) of the definition of relevant parent in section 2 (1)— | ||
(I) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(II) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(III) include a copy of an applicable declaration of eligibility and suitability, and as soon as reasonably practicable after the day of placement, particulars in writing of the placement, | ||
(d) where the relevant parent is entitled to maternity leave— | ||
(i) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(ii) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(iii) where the employer is not the same employer from whose employment the relevant parent has taken maternity leave, include a copy of the medical, or other appropriate, certificate confirming the pregnancy and specifying the expected week of confinement that she gave to, or produced for the inspection of, her employer under section 9 of the Act of 1994 or a copy of the birth certificate issued to the child concerned, as the case may be, | ||
and | ||
(e) in any other case— | ||
(i) be given not later than 6 weeks before the intended commencement of the parent’s leave, | ||
(ii) indicate the expected date of commencement and duration of the parent’s leave, and | ||
(iii) subject to subsection (4) include a copy of the medical, or other appropriate, certificate confirming the pregnancy of the expectant mother concerned and specifying the expected week of confinement of the expectant mother concerned that she has given to, or produced for the inspection of, her employer under section 9 of the Act of 1994 or a copy of the birth certificate issued to the child concerned, as the case may be. | ||
(3) Where paragraph (b)(i) or (c)(i) of subsection (2) applies and the adopting mother or sole male adopter concerned is not an employee, the relevant parent shall supply his or her employer with a copy of an applicable declaration of eligibility and suitability and, as soon as reasonably practicable after the day of placement, particulars in writing of the placement. | ||
(4) Where subsection (2)(e) applies and the expectant mother concerned is not an employee, the relevant parent shall supply his or her employer with a statement signed by a registered medical practitioner confirming the pregnancy and expected week of confinement of the expectant mother concerned or a copy of the birth certificate issued to the child concerned. | ||
(5) An employee who has not given a notification to his or her employer in accordance with subsection (2) or who having given such notification has revoked it under subsection (7) may notify the employer concerned (or cause the employer concerned to be so notified) of his or her intention to take parent’s leave not later than 6 weeks before the intended commencement of such leave and the notification under this subsection shall indicate the expected date of commencement and duration of the parent’s leave. | ||
(6) A relevant parent who has given a notification to his or her employer in accordance with subsection (5) shall at the time of the notification or as soon as reasonably practicable afterwards cause the employer concerned to be provided with— | ||
(a) in the case of an adoption, other than an intercountry adoption effected or to be effected outside the State or an adoption to which subsection (3) applies, a copy of the certificate referred to in subsection (2)(b)(i)(III), | ||
(b) in the case of an intercountry adoption effected or to be effected outside the State other than an adoption to which subsection (3) applies, the particulars referred to in subsection (2)(c)(i)(III), | ||
(c) in the case of an adoption to which subsection (3) applies, the particulars referred to in that subsection, or | ||
(d) in any other case, a copy of the birth certificate issued to the child concerned. | ||
(7) A notification under this section may be revoked by a further notification in writing by the employee concerned to his or her employer. | ||
(8) Where an employee intends to take parent’s leave in accordance with section 5 (2)(b), then the notification required to be given under subsection (2) or (5), as the case may be, (in this subsection referred to as “the requirement”) by the employee shall, for the purposes of this Act, be treated as— | ||
(a) one such notification if the employee complies with the requirement by giving one notification specifying the periods of parent’s leave proposed to be taken, or | ||
(b) such number of notifications equivalent to the number of periods of parent’s leave proposed to be taken if the employee complies with the requirement by giving such number of notifications each specifying one of the periods of parent’s leave proposed to be taken, | ||
and the other provisions of this Act shall be construed accordingly. |