Adoptive Leave Act, 1995
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Interpretation. |
2.—(1) In this Act, except where the context otherwise requires— | |
“the Act of 1967” means the Redundancy Payments Act, 1967 ; | ||
“the Act of 1977” means the Unfair Dismissals Act, 1977 ; | ||
“adoptive leave” has the meaning assigned to it by section 6 | ||
“additional adoptive leave” has the meaning assigned to it by section 8 | ||
“adopting father” means a male employee in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where the adopting mother has died; | ||
“adopting mother” means a woman, including an employed adopting mother, in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption; | ||
“adopting parent” means employed adopting mother, adopting father or sole male adopter; | ||
“associated employer” shall be construed in accordance with section 19 (3); | ||
“certificate of placement” has the meaning assigned to it by section 13 ; | ||
“contract of employment” means, subject to subsection (2)— | ||
(a) a contract of service or apprenticeship, or | ||
(b) any other contract whereby an individual agrees with a person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971 , and is acting in the course of that business, to do or perform personally any work or service for another person (whether or not that other person is a party to the contract), | ||
whether the contract is express or implied and if express, whether it is oral or in writing; | ||
“day of placement” means— | ||
(a) the day on which the child is placed physically in the care of the adopting parent with a view to the making of an adoption order, or | ||
(b) the day on which the child is placed physically in the care of the adopting parent with a view to the effecting of a foreign adoption, or | ||
(c) in the case of a foreign adoption, where the child has not previously been placed in the care of the adopting parent, the day on which the child has been so placed following the adoption; | ||
“employed adopting mother” means a female employee in whose care a child (of whom she is not the natural mother) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption; | ||
“employee”, subject to subsection (2), means (except in Part IV ) a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment; | ||
“employer”, subject to subsection (2), means, in relation to an employee, the person with whom the employee has entered into, or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment; | ||
“foreign adoption” has the meaning assigned to it by the Adoption Act, 1991 ; | ||
“health board” means a health board established pursuant to the Health Act, 1970 ; | ||
“the Minister” means the Minister for Equality and Law Reform; | ||
“prescribed” means prescribed by order or regulation under this Act; | ||
“registered adoption society” means a body of persons entered in the Adoption Societies Register kept by An Bord Uchtála under Part IV of the Adoption Act, 1952 ; | ||
“sole male adopter” means a male employee who is not an adopting father within the meaning of this Act and in whose sole care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption; | ||
“the successor” has the meaning assigned to it by section 18 ; | ||
“the Tribunal” means the Employment Appeals Tribunal. | ||
(2) For the purposes of this Act— | ||
(a) a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956 , shall be deemed to be an employee employed by the State or Government, as the case may be, under a contract of service; | ||
(b) an officer or servant of a local authority, for the purposes of the Local Government Act, 1941 , a harbour authority, a health board or a vocational education committee shall be deemed to be an employee employed by the authority, board or committee, as the case may be, under a contract of service; and | ||
(c) in relation to an employee whose contract of employment falls (or, where the employment has ceased, fell) within paragraph (b) of the definition of “contract of employment” in subsection (1), the person who is liable to pay her wages shall be deemed to be her employer. | ||
(3) In this Act, a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended. | ||
(4) In this Act, a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. | ||
(5) In this Act, a reference to any enactment includes a reference to that enactment as amended by any other enactment including this Act. |