Adoptive leave act, 1995

Enactment Date15 March 1995
Act Number2


Number 2 of 1995


ADOPTIVE LEAVE ACT, 1995


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART II

Adoptive leave

6.

Entitlement of employed adopting mother (or sole male adopter) to a minimum period of adoptive leave.

7.

Notification of employer.

8.

Entitlement of employed adopting mother (or sole male adopter) to additional adoptive leave.

9.

Entitlement of adopting father to adoptive leave in certain circumstances.

10.

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

11.

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

12.

Placements of less than fourteen weeks duration.

13.

Certificate of placement to be issued.

14.

Evidence as to certificate of placement.

PART III

Provisions Relating to Employment Contracts

15.

Preservation or suspension of certain rights, etc. while on adoptive leave.

16.

Voidance of certain purported terminations of employment, etc.

17.

Extension of certain notices of termination of employment or of certain suspensions.

18.

General right to return to work on expiry of adoptive leave or additional adoptive leave.

19.

Right to suitable alternative employment in certain circumstances on return to work.

20.

Notification of intention to return to work.

21.

Postponement of return to work.

22.

Amendment of section 1 of Act of 1977.

PART IV

Amendment or Application of Other Enactments

Unfair Dismissals Act, 1977

23.

Amendment of section 2 (2) of Act of 1977.

24.

Amendment of section 6 (2) of Act of 1977.

25.

Amendment of section 6 of Act of 1977.

26.

Adopting parent not permitted to return to work.

Redundancy Payments Act, 1967

27.

Amendment of section 2 of Act of 1967.

28.

Amendment of Schedule 3 to Act of 1967.

29.

Adopting parent not permitted to return to work.

Minimum Notice and Terms of Employment Act, 1973

30.

Adopting parent not permitted to return to work.

PART V

Disputes Relating to Entitlement

31.

Definition.

32.

Disputes regarding entitlement under this Act.

33.

Redress.

34.

Referral of disputes to rights commissioner.

35.

Appeal from decision of rights commissioner.

36.

Appeal to High Court on point of law.

37.

Service of documents.

38.

Provisions relating to winding up and bankruptcy.

39.

Enforcement of decision of rights commissioner and determination of Tribunal.

40.

Extension of Protection of Employees (Employers' Insolvency) Act, 1984.

PART VI

Miscellaneous and Transitional Provisions

41.

Alternative notification procedure.

42.

Right to adoptive leave where child placed before commencement of Act.

43.

Right to additional adoptive leave where child placed before commencement of Act.

44.

Notification of intention to return to work in respect of leave taken under sections 42 and 43.


Number 2 of 1995


ADOPTIVE LEAVE ACT, 1995


AN ACT TO ENTITLE FEMALE EMPLOYEES, AND IN CERTAIN CIRCUMSTANCES MALE EMPLOYEES, TO EMPLOYMENT LEAVE FOR THE PURPOSE OF CHILD ADOPTION, TO EXTEND TO THEM THE PROTECTION AGAINST UNFAIR DISMISSAL CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977 , AND TO PROVIDE FOR CONNECTED MATTERS. [15th March, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Adoptive Leave Act, 1995.

(2) This Act shall come into operation on such day as the Minister shall by order appoint.

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.

Orders and regulations.

3.—(1) An order or regulation under this Act may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

(2) The Minister may by order amend or revoke an order under this Act, including an order under this subsection.

(3) Where an order is proposed to be made under this Act, a draft of the order shall be laid before both Houses of the Oireachtas and the order shall not be made until a resolution approving of the draft has...

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