Adoptive Leave Act, 1995

Notification of intention to return to work.

20.—(1) An adopting parent who has been on adoptive leave or additional adoptive leave shall, not later than 4 weeks before the date on which she expects to return to work, cause her employer (or, where she is aware of a change of ownership of the undertaking concerned, the successor) to be notified in writing of her intention to return to work and of the date on which she expects to return to work.

(2) Where, in the opinion of a rights commissioner or the Tribunal, there are reasonable grounds for an adopting parent's failure to give the notice under subsection (1) or for an adopting parent giving it otherwise than in the time limits specified thereunder, the rights commissioner or Tribunal, as the case may be, shall extend the time for service of the said notice.

(3) In the absence of reasonable grounds, failure to give notice under subsection (1) or the giving of it otherwise than in the time limits specified thereunder are matters that may be taken into account by a rights commissioner, the Tribunal or Circuit Court in determining the adopting parent's rights under the Act of 1977, this Act or any other relevant enactment so far as the remedies of reinstatement, re-engagement or compensation are concerned.

(4) Notwithstanding subsection (1), where an adopting father's entitlement to leave under this Act amounts to 4 weeks or less he shall, at the same time as he causes his employer to be notified in writing of his intention to take such leave, cause his employer to be notified in writing of his intention to return to work and of the date on which he expects to return to work.