Carer's Leave Act, 2001
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Termination of carer's leave. |
11.—(1) The period of carer's leave shall terminate— | |
(a) on the date of termination of the period of carer's leave specified in the confirmation document, | ||
(b) on a date agreed between the employee and employer concerned, | ||
(c) where the person in respect of whom the employee has taken carer's leave ceases to satisfy the conditions for a relevant person for the purposes of the Act, | ||
(d) where the employee ceases to satisfy the conditions for the provision of full-time care and attention for the purposes of the Act, | ||
(e) where a decision under subsection (2) is made, on the date specified in subsection (3), and | ||
(f) where the relevant person dies during a period of carer's leave on the date earliest of the following dates— | ||
(i) the date that is 6 weeks after the date of death, or | ||
(ii) the date of termination of the period specified in the confirmation document. | ||
(2) Where a deciding officer or an appeals officer makes a decision under section 18 (4) or section 18 (5) that— | ||
(a) the person in respect of whom an employee proposed to take or has taken carer's leave did not or does not satisfy or no longer satisfies the requirements for a relevant person, | ||
(b) the employee does not satisfy the conditions for providing full-time care and attention, or | ||
(c) the employee is engaging or has engaged in employment or self-employment other than as prescribed under section 82B(3) (inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993, | ||
the period of carer's leave shall terminate and the deciding officer or the appeals officer shall, as soon as practicable, notify the employer and the employee of that decision. | ||
(3) The employer, following a notification referred to in subsection (2), shall, as soon as practicable, give the employee a notice in writing specifying the date on which the employee is to return to his or her employment and that date shall be a date that is reasonable and practicable having regard to all the circumstances. | ||
(4) Where carer's leave is terminated under subsection (2), the employee concerned shall return to his or her employment on the day specified in the notice under subsection (3) and any period between the date of the return to the employment and the date of the end of the period of the carer's leave that is specified in the confirmation document concerned, shall be deemed not to be carer's leave. | ||
(5) An employer shall, when the employee returns to his or her employment, give a notice in writing to the Minister for Social, Community and Family Affairs that the period of carer's leave has terminated, the employee has returned to work and the date of the return to employment. | ||
(6) A person shall retain a notice under this section given to him or her and a copy of a notice under this section given by him or her. | ||
(7) Notwithstanding section 24 , the giving of a notice to an employee under this section shall be effected by delivering it to the employee or by sending a copy of it by prepaid registered letter in an envelope addressed to the employee at the last known residence of the employee or, where appropriate, the residence of the relevant person. |