Introduction

Under the Adoptive Leave Acts, female employees and, in certain circumstances, male employees are entitled to certain time off when adopting a child.

Eligibility and Entitlement

Adoptive leave is available to –

• an employed adopting mother: that is, any female who is adopting a child of whom she is not the natural mother;
• a sole male adopter: that is, a male employee who is adopting a child on his own;
• an employed adopting father is also entitled to certain leave in circumstances where the adopting mother has died before or during the period of adoptive leave or additional adoptive leave.

An adopting mother or a sole male adopter who is in employment is entitled to the following:

(a) a minimum of 24 consecutive weeks of adoptive leave from work, beginning on the day of placement of the child;
(b) up to 16 weeks of additional adoptive leave.

In most of cases, it is possible to receive a Social Welfare payment for the initial 24-week period of adoptive leave.

Annual Leave and Public Holidays

Employees on adoptive leave are entitled to be credited for any public holiday which occurs during their leave. This means that they must be given either an extra day’s pay, or a set day off within a month, or an extra day’s annual leave for any public holiday which occurred during their leave.

Absences on adoptive leave do not breach continuity of employment, and qualifies as reckonable service for the purposes of redundancy agreements and payments.

Notification requirements

1. An employee must give adequate notice, in writing, to her/his employer of her/his intention to take adoptive leave. The minimum advance notification is 4 weeks before the expected placement of the child.
2. An employee must inform her/his employer, in writing, at least 4 weeks beforehand of her/his intention to take additional adoptive leave.
3. An employee must inform her/his employer, in writing, at least 4 weeks beforehand of the date on which she/he intends to return to work after adoptive leave or additional adoptive leave.
4. An employee who is taking adoptive leave must provide her/his employer with a certificate of placement. This certificate, which may be obtained from the Health Service Executive or adoption society which arranged the adoption, must be given to the employer as soon as reasonably practicable, but no later than 4 weeks after the placement date.
5. In the event of a foreign adoption, the employee must provide her/his employer with a copy of the declaration of eligibility or suitability before beginning adoptive leave or additional adoptive leave (whichever is the earlier).

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.