Adoptive Leave Act, 1995

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

11.—(1) In the case of a foreign adoption, where the adopting mother dies and the adopting father 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 under section 10 may be taken immediately before the day of placement.

(2) Entitlement to a period of leave under subsection (1) shall be subject to the adopting father—

(a) having, as soon as is reasonably practicable, caused his employer to be notified in writing of his intention to take such additional adoptive leave before the day of placement, and

(b) 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 commencement of the leave, and

(c) 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 additional adoptive leave referred to in subsection (1) shall commence as soon as is reasonably practicable after the death of the adopting mother.

(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 expected day of placement is postponed, commencement of the period of additional adoptive leave under this section 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.