Paternity Leave and Benefit Act 2016

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Notification to employer

7. (1) Subject to this section and sections 9 , 13 (2) and 14 (2), entitlement to paternity leave shall be subject to an employee who is a relevant parent in relation to a child having notified in writing and in accordance with subsection (2) or (5) his or her employer (or caused his or her employer to be so notified) of his or her intention to take paternity leave.

(2) A notification referred to in subsection (1) may be given—

(a) in the case of a child who is, or is to be, adopted, as soon as reasonably practicable but not later than 4 weeks before the expected day of placement, or

(b) in any other case, as soon as reasonably practicable but not later than 4 weeks before the expected week of confinement of the expectant mother concerned.

(3) A relevant parent who has given a notification to his or her employer in accordance with subsection (2) shall, other than where subsection (4) applies—

(a) in the case of an adoption, other than an intercountry adoption effected or to be effected outside the State, cause his or her employer to be—

(i) notified in writing as soon as reasonably practicable of the expected day of placement, and

(ii) supplied as soon as reasonably practicable but not later than 4 weeks after the day of placement with a copy of the certificate of placement that the employed adopting mother or sole male adopter concerned, as the case may be, has supplied to her or his employer, as the case may be, under section 7(1)(c) of the Act of 1995,

(b) in the case of an intercountry adoption effected or to be effected outside the State, cause his or her employer to be—

(i) notified in writing as soon as reasonably practicable of the expected day of placement,

(ii) supplied before the expected day of placement, if not already so supplied, with a copy of an applicable declaration of eligibility and suitability that the employed adopting mother or sole male adopter concerned, as the case may be, has supplied to his or her employer, as the case may be, under section 7(2)(c) of the Act of 1995, and

(iii) supplied as soon as reasonably practicable after the day of placement with particulars in writing of the placement,

or

(c) in any other case, at the time of the notification or as soon as reasonably practicable afterwards, give to his or her employer or produce for his or her employer’s inspection a copy of the medical, or other appropriate, certificate confirming the pregnancy of the expectant mother concerned and specifying the expected week of confinement of the expectant mother concerned that she has given to, or produced for the inspection of, her employer under section 9 of the Act of 1994.

(4) A relevant parent who has given a notification to his or her employer in accordance with subsection (2) shall—

(a) in the case of an adoption where the adopting mother or sole male adopter concerned, as the case may be, is not an employee or the relevant parent concerned is a relevant parent referred to in paragraph (a)(i) of the definition of relevant parent in section 2 (1), cause his or her employer to be—

(i) notified in writing as soon as reasonably practicable of the expected day of placement,

(ii) supplied before the expected day of placement, if not already supplied, with a copy of an applicable declaration of eligibility and suitability, and

(iii) supplied as soon as reasonably practicable after the day of placement with particulars in writing of the placement,

or

(b) in any other case, and where the expectant mother is not an employee, at the time of the notification or as soon as reasonably practicable afterwards cause his or her employer to be supplied with a statement signed by a registered medical practitioner confirming the pregnancy of the expectant mother concerned and specifying the expected week of confinement of the expectant mother concerned.

(5) An employee who has not given a notification to his or her employer in accordance with subsection (2) or who having given such notification has revoked it under subsection (7) may notify the employer concerned (or cause the employer concerned to be so notified) of his or her intention to take paternity leave not later than 4 weeks before the commencement of such leave.

(6) A relevant parent who has given a notification to his or her employer in accordance with subsection (5) shall at the time of the notification or as soon as reasonably practicable afterwards cause his or her employer to be supplied with—

(a) in the case of an adoption, other than an intercountry adoption effected or to be effected outside the State or an adoption to which subsection (4)(a) applies, a copy of the certificate referred to in subsection (3)(a)(ii),

(b) in the case of an intercountry adoption effected or to be effected outside the State, other than an adoption to which subsection (4)(a) applies, the particulars referred to in subsection (3)(b)(iii),

(c) in the case of an adoption to which subsection (4)(a) applies, the particulars referred to in subsection (4)(a)(iii), or

(d) in any other case, a copy of the birth certificate issued to the child concerned.

(7) A notification under this section may be revoked by a further notification in writing by the employee concerned to his or her employer.