Adoptive Leave Act 1995

• Enactment Date: 15 March 1995
• Act Number: 2

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Number 2 of 1995

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ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 April 2021

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This Revised Act is an administrative consolidation of the Adoptive Leave Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, and all statutory instruments up to and including the Family Leave and Miscellaneous Provisions Act 2021 (Commencement) Order 2021 (S.I. No. 148 of 2021), made 30 March 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 2 of 1995

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ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 April 2021

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Adoptive Leave Acts 1995 and 2005: this Act is one of a group of Acts included in this collective citation to be construed together as one (Adoptive Leave Act 2005, s. 22(2)). The Acts in the group are:

• Adoptive Leave Act 1995 (2/1995)

• Adoptive Leave Act 2005 (25/2005)

Other Acts dealing with employment leave are the Maternity Protection Acts 1994 and 2004, the Parental Leave Acts 1998 to 2019 and the Carer’s Leave Act 2001.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Family Leave and Miscellaneous Provisions Act 2021 (4/2021)

• Parent’s Leave and Benefit Act 2019 (35/2019)

• Paternity Leave and Benefit Act 2016 (11/2016)

• Workplace Relations Act 2015 (16/2015)

• Children and Family Relationships Act 2015 (9/2015)

• Education and Training Boards Act 2013 (11/2013)

• Adoption Act 2010 (21/2010)

• Adoptive Leave Act 2005 (25/2005)

• Health Act 2004 (42/2004)

• Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004)

• Employment Equality Act 1998 (21/1998)

• Pensions Act 1990 (25/1990)

All Acts up to and including Residential Tenancies Act 2021 (5/2021), enacted 30 March 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

• Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

• Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006 (S.I. No. 52 of 2006)

• Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (S.I. No. 667 of 2004)

• Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order 2001 (S.I. No. 30 of 2001)

• Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

• Adoptive Leave (Calculation of Weekly Remuneration) Regulations 1995 (S.I. No. 196 of 1995)

• Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations 1995 (S.I. No. 195 of 1995)

• Adoptive Leave Act, 1995 (Commencement) Order 1995 (S.I. No. 64 of 1995)

All statutory instruments up to and including Family Leave and Miscellaneous Provisions Act 2021 (Commencement) Order 2021 (S.I. No. 148 of 2021), made 30 March 2021, were considered in the preparation of this revision.

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Number 2 of 1995

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ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 April 2021

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ARRANGEMENT OF SECTIONS

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Number 2 of 1995

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ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 1 April 2021

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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:

Annotations

Modifications etc. (not altering text):

C1

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

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(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

Adoptive Leave Acts 1995 and 2005

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C2

Application of Act not affected by Pensions Act 1990 (25/1990) s. 75 as substituted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22(1), S.I. No. 141 of 2004.

Compliance with statutory requirements, etc.

75.—(1) Nothing in this Part renders unlawful any act done in compliance with any provision of the Maternity Protection Act 1994 or the Adoptive Leave Act 1995 and, accordingly, any such act does not constitute a breach of the principle of equal pension treatment on the marital status ground.

...

Editorial Notes:

E1

Previous affecting provision: functions transferred and references to “Department of” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8; superseded as per C-note above.

E2

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer's registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015...