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

WHEREAS it is enacted by sections 6 , 8 (1), 9 (1) and 10 (1) of the Adoptive Leave Act, 1995 (No. 2 of 1995), that the Minister for Justice, Equality and Law Reform may, with the consent of the Minister for Social, Community and Family Affairs and the Minister for Finance, by order prescribe another period for the purposes of each of those provisions:

AND WHEREAS it is further enacted by section 3(3) of that Act that where an order is proposed to be made under that Act (other than an order under section 1(2) thereof), 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 been passed by each such House: AND WHEREAS a draft of the following Order has been laid before both Houses of the Oireachtas and a resolution approving of the draft has been passed by each such House: NOW, the Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on him by sections 6 , 8 (1), 9 (1) and 10 (1) of the Adoptive Leave Act, 1995 (No. 2 of 1995), with the consent of the Minister for Social, Community and Family Affairs and the Minister for Finance and having consulted such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trades unions or bodies analogous to trades unions as he considers appropriate, orders as follows:

1.     This Order may be cited as the Adoptive Leave Act, 1995 (Extension of Periods of Leave) Order, 2001.

2.     (1)    Subject to paragraph (2) of this Article, this Order shall come into operation on the 8th day of February, 2001.

(2)    (a)   Article 4 of this Order shall apply in respect of an employed adopting mother or sole male adopter who commences adoptive leave at any time not less than 4 weeks after the commencement of this Order.

(b)   Article 5 of this Order shall apply in respect of an employed adopting mother or sole male adopter who commences additional adoptive leave at any time not less than 4 weeks after the commencement of this Order.

(c)   Article 6 of this Order shall apply in respect of a man who commences adoptive leave under section 9(1) of the Act at any time after the commencement of this Order.

(d)   Article 7 of this Order shall apply in respect of a man who commences additional adoptive leave under section 10(1) or 11(1) of the Act at any time after the commencement of this Order.

3.     In this Order “Act” means Adoptive Leave Act, 1995 (No. 2 of 1995).

4.     A period of not less than 14 consecutive weeks is prescribed for the purposes of section 6 of the Act.

5.     A period of not more than 8 consecutive weeks is prescribed for the purposes of section 8(1) of the Act.

6.     A period of 14 weeks, or in a case where the adopting mother dies on or after the day of placement, a period of 14 weeks less a period equivalent to the period beginning on the day of placement and ending on the date of her death, is prescribed for the purposes of section 9(1) of the Act.

7.     A period of 8 weeks, or in a case where the adopting mother dies on or after the expiration of 14 weeks from the day of placement, a period of 8 weeks less a period equivalent to the period beginning on the day immediately following the expiration of 14 weeks from the day of placement and ending on the date of her death, is prescribed for the purposes of section 10(1) of the Act.

8.     The reference in section 12(1) of the Act to a period of less than 14 weeks shall be construed as a reference to -

(a)   a period of less than 14 weeks in a case in which an adopting parent is entitled to a period of not less than 14 weeks leave from his or her employment under Part II of the Act,

(b)   a period of less than 18 weeks in a case in which an adopting parent is entitled to a period of not less than 18 weeks leave from his or her employment under Part II of the Act, and

(c)   a period of less than 22 weeks in a case in which an adopting parent is entitled to a period of not less than 22 weeks leave from his or her employment under Part II of the Act.

The Minister for Social, Community and Family Affairs consents to the foregoing Order.

The Minister for Finance consents to the foregoing Order.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order extends the periods of adoptive leave under the Adoptive Leave Act, 1995 .