Adoptive Leave (Calculation of Weekly Remuneration) Regulations, 1995

• Jurisdiction: Ireland
• Citation: IR SI 196/1995

S.I. No. 196 of 1995.

ADOPTIVE LEAVE (CALCULATION OF WEEKLY REMUNERATION) REGULATIONS, 1995.

I, MERVYN TAYLOR, T.D., Minister for Equality and Law Reform, in exercise of the powers conferred on me by section 32 (4) of the Adoptive Leave Act, 1995 (No. 2 of 1995), hereby make the following Regulations: 1. (1) These Regulations may be cited as the Adoptive Leave (Calculation of Weekly Remuneration) Regulations, 1995.

(2) These Regulations shall come into operation on the 20th day of July, 1995. 2. (1) In these Regulations—

"the Act" means the Adoptive Leave Act, 1995 (No. 2 of 1995);

"relevant date" means the date on which the adopting parent commenced leave under the Act or, where she has not commenced leave under the Act, the date on which her employer first received notification of her intention to take leave under the Act;

"relevant employment", in relation to an employee, means the employment in respect of which the weekly remuneration of the employee is calculated for the purposes of section 33 (3) of the Act;

"week", in relation to an employee whose remuneration is calculated by reference to a week ending on a day other than a Saturday, means a week ending on that other day and, in relation to any other employee, means a week ending on a Saturday, and "weekly" shall be construed accordingly.

3. ( a ) A week's remuneration of an employee in respect of an employment shall be calculated, for the purposes of section 33 (3) of the Act, in accordance with these Regulations.

( b ) Where, on the relevant date, an employee had less than 52 weeks' continuous service in the employment, a week's remuneration of the employee in respect of the employment shall be calculated, for the purposes of the said section 33 (3), in the manner that, in the opinion of the rights commissioner or the Tribunal, corresponds most closely to that specified in these Regulations. 4. In the case of an employee who is wholly remunerated in respect of the relevant employment at an hourly time rate or by a fixed wage or salary, and in the case of any other employee whose remuneration in respect of the relevant employment does not vary by reference to the amount of work done by her, her weekly remuneration in respect of the relevant employment shall be her earnings in respect of that employment (including any regular bonus or allowance which does not vary having regard to the amount of work done and any payment in kind) in the latest week, before the relevant...