Adoptive Leave Act 1995 and 2005
An adopting mother or a sole male adopter is entitled to avail of up to 24 weeks of adoptive leave from work beginning on the day of placement of the child.
An employee is entitled to avail of a period of up to 16 additional weeks of leave. This leave is available at the request of the employee and follows immediately on the period of adoptive leave.
An Employee may be entitled to claim adoptive benefit from the Department of Social Protection, subject to qualification criteria. In order to claim this benefit, an Employee is required to submit a claim form (AB1) prior to commencement of adoptive leave. This form is available from the Department of Social Protection.
Notification:
Entitlement to this leave is subject to notification requirements. An employee must give adequate notice, in writing, to his/her employer of his/her intention to take adoptive leave. The minimum advance notice of such an intention is 4 weeks before the adoptive leave and / or additional adoptive leave .
In the case of an Irish adoption a certificate of placement should be forwarded within 4 weeks of the date of placement. In the case of a foreign adoption, a declaration of eligibility and suitability must be produced as soon as reasonably practicable, with a certificate of placement to be forwarded as soon as it is received by the Employee.
Leave to Attend Classes and Meetings in Advance of the Adoption
Any Employee involved in the adoption process is permitted to avail of paid time off to attend pre-adoption classes and meetings which they are obliged to attend, provided the meetings are held within the state. 2 weeks written notice of the first request must be provided. Evidence of the requirement to attend the class or meeting may be sought by the Organisation.
Leave in Advance of Foreign Adoptions
In the case of a foreign adoption, an adopting mother or sole male adopter may avail of some of their additional leave before the placement of the child for the purposes of familiarisation with the child in advance of the adoption. 4 weeks written notice of this intention must be provided, and a declaration of suitability and eligibility must also be supplied. This entitlement is in addition to the time permitted to attend classes and meetings in the state.
Return to Work:
There is a right to return to work after a period of adoptive leave or additional adoptive leave. An employee must also inform the employer, in writing, at least 4 weeks beforehand of the date on which S/He intends to return to work after adoptive leave or additional adoptive leave.
This notice should confirm the intended return to work date. Where possible the Employee will return to the position held immediately prior to the commencement of leave (provided this was their normal position), however where this is not feasible, the Employee may return to work to suitable alternative employment that is no less favourable in terms and conditions.
Annual Leave and Public Holidays
Annual leave and public holiday benefits will continue to accrue for the period of adoptive leave and additional adoptive leave.
Redress:In the event of a dispute between an employer and an employee the matter may be referred to the Workplace Relations Commission . There is then the right of appeal to theLabour Court.
An employee is entitled to avail of a period of up to 16 additional weeks of leave. This leave is available at the request of the employee and follows immediately on the period of adoptive leave.
An Employee may be entitled to claim adoptive benefit from the Department of Social Protection, subject to qualification criteria. In order to claim this benefit, an Employee is required to submit a claim form (AB1) prior to commencement of adoptive leave. This form is available from the Department of Social Protection.
Notification:
Entitlement to this leave is subject to notification requirements. An employee must give adequate notice, in writing, to his/her employer of his/her intention to take adoptive leave. The minimum advance notice of such an intention is 4 weeks before the adoptive leave and / or additional adoptive leave .
In the case of an Irish adoption a certificate of placement should be forwarded within 4 weeks of the date of placement. In the case of a foreign adoption, a declaration of eligibility and suitability must be produced as soon as reasonably practicable, with a certificate of placement to be forwarded as soon as it is received by the Employee.
Leave to Attend Classes and Meetings in Advance of the Adoption
Any Employee involved in the adoption process is permitted to avail of paid time off to attend pre-adoption classes and meetings which they are obliged to attend, provided the meetings are held within the state. 2 weeks written notice of the first request must be provided. Evidence of the requirement to attend the class or meeting may be sought by the Organisation.
Leave in Advance of Foreign Adoptions
In the case of a foreign adoption, an adopting mother or sole male adopter may avail of some of their additional leave before the placement of the child for the purposes of familiarisation with the child in advance of the adoption. 4 weeks written notice of this intention must be provided, and a declaration of suitability and eligibility must also be supplied. This entitlement is in addition to the time permitted to attend classes and meetings in the state.
Return to Work:
There is a right to return to work after a period of adoptive leave or additional adoptive leave. An employee must also inform the employer, in writing, at least 4 weeks beforehand of the date on which S/He intends to return to work after adoptive leave or additional adoptive leave.
This notice should confirm the intended return to work date. Where possible the Employee will return to the position held immediately prior to the commencement of leave (provided this was their normal position), however where this is not feasible, the Employee may return to work to suitable alternative employment that is no less favourable in terms and conditions.
Annual Leave and Public Holidays
Annual leave and public holiday benefits will continue to accrue for the period of adoptive leave and additional adoptive leave.
Redress:In the event of a dispute between an employer and an employee the matter may be referred to the Workplace Relations Commission . There is then the right of appeal to theLabour Court.
