Frequently Asked Questions
In this section we aim to answer a number of important questions relating to key HR, Employment Law and Health and Safety Topics.
This month’s focus: Adoptive Leave.
The Adoptive Leave Acts, 1995 and 2005 set out to provide specific rights for adoptive parents. The legislation sets out to provide limited leave in advance of an adoption, and more substantial leave following the adoption of a child.
Adoptive mothers and sole male adopters are entitled to avail of up to 24 weeks Adoptive Leave. An additional period of up to 16 weeks leave may be taken at the discretion of the Employee immediately following the initial 24 week leave period.
Where an adoption is for a period less than the statutory leave period(s), (e.g. a short term adoption for a month) then the leave must expire on the termination of the adoption (except where such termination is a result of the death of the child). The Employee is obliged to notify their Employer of such a situation, and to return to work on an agreed date.
Are Fixed Term Employees entitled to Adoptive Leave?
All fixed term Employees have rights under the Acts. Where a contract is due to expire during the adoptive leave period, protection under the Act also expires on that date.
What are the notification requirements an Employee must give in relation to Adoptive Leave?
An Employee who wishes to take Adoptive leave must notify their Employer in writing of this.
An Employee who wishes to avail of their entitlement to additional Adoptive leave must notify the Employer in writing of their intention to take additional Adoptive leave not later than 4 weeks before the day on which their additional Adoptive leave is due to commence.
In what circumstances can an Employer offer suitable alternative Employment to an Employee returning from Adoptive Leave?
Where it is not reasonably practicable for the Employer to allow the Employee to return to their old job, the Employee is entitled to be offered suitable alternative Employment under a new contract by the Employer (or the Employer’s successor or an associated Employer).
Suitable alternative work is work which is:
This month’s focus: Adoptive Leave.
The Adoptive Leave Acts, 1995 and 2005 set out to provide specific rights for adoptive parents. The legislation sets out to provide limited leave in advance of an adoption, and more substantial leave following the adoption of a child.
Adoptive mothers and sole male adopters are entitled to avail of up to 24 weeks Adoptive Leave. An additional period of up to 16 weeks leave may be taken at the discretion of the Employee immediately following the initial 24 week leave period.
Where an adoption is for a period less than the statutory leave period(s), (e.g. a short term adoption for a month) then the leave must expire on the termination of the adoption (except where such termination is a result of the death of the child). The Employee is obliged to notify their Employer of such a situation, and to return to work on an agreed date.
Are Fixed Term Employees entitled to Adoptive Leave?
All fixed term Employees have rights under the Acts. Where a contract is due to expire during the adoptive leave period, protection under the Act also expires on that date.
What are the notification requirements an Employee must give in relation to Adoptive Leave?
An Employee who wishes to take Adoptive leave must notify their Employer in writing of this.
- as soon as reasonably practicable
- not later than 4 weeks before the beginning of Adoptive leave.
An Employee who wishes to avail of their entitlement to additional Adoptive leave must notify the Employer in writing of their intention to take additional Adoptive leave not later than 4 weeks before the day on which their additional Adoptive leave is due to commence.
In what circumstances can an Employer offer suitable alternative Employment to an Employee returning from Adoptive Leave?
Where it is not reasonably practicable for the Employer to allow the Employee to return to their old job, the Employee is entitled to be offered suitable alternative Employment under a new contract by the Employer (or the Employer’s successor or an associated Employer).
Suitable alternative work is work which is:
- suitable and appropriate for the Employee to do in the circumstances; and
- the terms and conditions of the new contract are not less favourable than the original contract; and
- Incorporate any improvement to the terms and conditions which the Employee would have been entitled to if s/he had not been absent.
