Adoptive Leave Act, 1995
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PART III Provisions Relating to Employment Contracts | ||
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Preservation or suspension of certain rights, etc. while on adoptive leave. |
15.—(1) During her absence from work while on adoptive leave, an adopting parent shall be deemed to have been in the employment of her employer and, accordingly, while so absent she shall, subject to subsection (5), be treated as if she had not been so absent and such absence shall not affect any right related to her employment, other than her right to remuneration during her absence, whether conferred on her by statute, contract or otherwise. | |
(2) During the absence from work of an adopting parent while on additional adoptive leave, the period of employment before such absence shall be regarded as continuous with her employment following such absence in respect of any right related to her employment, whether conferred on her by statute, contract or otherwise (other than her right to remuneration, which during such absence, shall stand suspended). | ||
(3) Nothing in this section shall affect the right of an adopting parent to be offered suitable alternative employment under section 19 . | ||
(4) A period of absence from her work by an adopting parent while on adoptive leave or additional adoptive leave shall not be treated as part of any other leave (including sick leave or annual leave) to which the adopting parent is entitled. | ||
(5) Where, starting with the commencement of her employment with her employer, an adopting parent is on probation in that employment, is undergoing training in relation to that employment or is employed under a contract of apprenticeship, her probation, training or apprenticeship shall stand suspended during any absence from her work on adoptive leave or additional adoptive leave and shall be completed by her on her return to work after such absence. | ||
(6) An adopting parent shall be deemed not to be an employed contributor for the purposes of the Social Welfare (Consolidation) Act, 1993 , for any contribution week (within the meaning of that Act) in a period of absence from her work on adoptive leave or additional adoptive leave if she does not receive any reckonable earnings (within the meaning of that Act) in respect of that week. | ||
(7) The Minister may by regulations prescribe a period or periods of training in relation to which subsection (5) shall not apply. |