(LRC Revised)

Number 2 of 1995

ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 3 July 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Adoptive Leave Act 1995

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Civil Defence Act 2023

(17/2023), enacted 26 June 2023, and all statutory instruments up to and including

the

Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement) Order

2023

(S.I. No. 341 of 2023), made 29 June 2023, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

2

of

1995

ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 3 July 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART II

Adoptive leave

6.

Entitlement of employed adopting mother (or sole male adopter) to a minimum period

of adoptive leave.

6A.

Restrictions on entitlement to adoptive leave.

7.

Notification of employer.

8.

Entitlement of employed adopting mother (or sole male adopter) to additional adoptive

leave.

9.

Entitlement of adopting father to adoptive leave in certain circumstances.

10.

Entitlement of adopting father to additional adoptive leave in certain circumstances.

11.

Entitlement of adopting father to additional adoptive leave before day of placement

in certain circumstances.

11A.

Time off to attend certain pre-adoption classes and meetings.

11B.

Termination of additional adoptive leave on sickness of adopting parent.

11C.

Postponement of leave on hospitalisation of child.

11D.

Absence from work owing to sickness while leave postponed.

12.

Placements of less than fourteen weeks duration.

13.

Certificate of placement to be issued.

14.

Evidence as to certificate of placement.

PART III

Provisions Relating to Employment Contracts

15.

Preservation or suspension of certain rights, etc. while on adoptive leave.

16.

Voidance of certain purported terminations of employment, etc.

17.

Extension of certain notices of termination of employment or of certain suspensions.

18.

General right to return to work after adoptive leave or additional adoptive leave.

19.

Right to suitable alternative employment in certain circumstances on return to work.

20.

Notification of intention to return to work.

21.

Postponement of return to work.

PART IV

Amendment or Application of Other Enactments

Unfair Dismissals Act, 1977

22.

Amendment of section 1 of Act of 1977.

23.

Amendment of section 2 (2) of Act of 1977.

24.

Amendment of section 6 (2) of Act of 1977.

25.

Amendment of section 6 of Act of 1977.

26.

Adopting parent not permitted to return to work.

Redundancy Payments Act, 1967

27.

Amendment of section 2 of Act of 1967.

28.

Amendment of Schedule 3 to Redundancy Payments Act 1967.

29.

Adopting parent not permitted to return to work.

Minimum Notice and Terms of Employment Act, 1973

30.

Adopting parent not permitted to return to work.

PART V

Disputes Relating to Entitlement

31.

Definition.

32.

Disputes regarding entitlement under this Act.

33.

Decision under section 41 or

section 44 of Workplace Relations Act 2015.

34.

Referral of disputes to rights

commissioner.

(Repealed)

35.

Appeal from decision of rights

commissioner.

(Repealed)

36.

Appeal to High Court on point

of law.

(Repealed)

37.

Service of documents.

(Repealed)

38.

Provisions relating to winding

up and bankruptcy.

(Repealed)

39.

Enforcement of decision of

rights commissioner and determination of Tribunal.

(Repealed)

40.

Extension of Protection of

Employees (Employers’ Insolvency) Act, 1984.

(Repealed)

PART VI

Miscellaneous and Transitional Provisions

41.

Alternative notification procedure.

42.

Right to adoptive leave where child placed before commencement of Act.

43.

Right to additional adoptive leave where child placed before commencement of Act.

44.

Notification of intention to return to work in respect of leave taken under

sections 42

and

43

.

45.

Revocation.

Number

2

of

1995

ADOPTIVE LEAVE ACT 1995

REVISED

Updated to 3 July 2023

AN ACT TO ENTITLE FEMALE EMPLOYEES, AND IN CERTAIN CIRCUMSTANCES MALE EMPLOYEES, TO

EMPLOYMENT LEAVE FOR THE PURPOSE OF CHILD ADOPTION, TO EXTEND TO THEM THE PROTECTION

AGAINST UNFAIR DISMISSAL CONFERRED BY THE

UNFAIR DISMISSALS ACT, 1977

, AND TO PROVIDE FOR CONNECTED MATTERS. [15

th March

, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications etc. (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(a) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

Adoptive Leave Acts 1995 and

2005

...

C2

Application of Act not affected by

Pensions Act 1990

(25/1990) s. 75 as substituted (5.04.2004) by

Social Welfare (Miscellaneous Provisions) Act 2004

(9/2004), s. 22(1), S.I. No. 141 of 2004.

Compliance with statutory requirements, etc.

75.

—(1) Nothing in this Part renders unlawful any act done in compliance with any provision

of the Maternity Protection Act 1994 or the Adoptive Leave Act 1995 and, accordingly,

any such act does not constitute a breach of the principle of equal pension treatment

on the marital status ground.

...

Editorial Notes

E1

Previous affecting provision: functions transferred and references to

“Department of” and “Minister for Community, Equality and Gaeltacht

Affairs” construed (1.04.2011) by

Equality, Integration, Disability and

Human Rights (Transfer of Departmental Administration and Ministerial

Functions) Order 2011

(S.I. No. 139 of 2011), arts. 2, 3 and sch., subject

to transitional provisions in arts. 4-8; superseded as per C-note above.

E2

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer's registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E3

Previous affecting provision: functions transferred and references to Minister for

and Department of Justice, Equality and Law Reform construed (1.06.2010) by

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration

and Ministerial Functions) Order 2010

(S.I. No. 217 of 2010), arts. 2, 3 and sch., subject to transitional provisions in

arts. 4-8; superseded as per C-note above.

E4

Previous affecting provision: functions transferred and references to Minister for

and Department of Equality and Law Reform construed (8.07.1997) by

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions)

Order 1997

(S.I. No. 297 of 1997), arts. 3, 4 and sch., subject to transitional provisions in

arts. 5-9; superseded as per C-note above.

Annotations

Modifications etc. (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(a) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

Adoptive Leave Acts 1995 and

2005

...

C2

Application of Act not affected by

Pensions Act 1990

(25/1990) s. 75 as substituted (5.04.2004) by

Social Welfare (Miscellaneous Provisions) Act 2004

(9/2004), s. 22(1), S.I. No. 141 of 2004.

Compliance with statutory requirements, etc.

75.

—(1) Nothing in this Part renders unlawful any act done in compliance with any provision

of the Maternity Protection Act 1994 or the Adoptive Leave Act 1995 and, accordingly,

any such act does not constitute a breach of the principle of equal pension treatment

on the marital status ground.

...

Editorial Notes

E1

Previous affecting provision: functions transferred and references to

“Department of” and “Minister for Community, Equality and Gaeltacht

Affairs” construed (1.04.2011) by

Equality, Integration, Disability and

Human Rights (Transfer of Departmental Administration and Ministerial

Functions) Order 2011

(S.I. No. 139 of 2011), arts. 2, 3 and sch., subject

to transitional provisions in arts. 4-8; superseded as per C-note above.

E2

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer's registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E3

Previous affecting provision: functions transferred and references to Minister for

and Department of Justice, Equality and Law Reform construed (1.06.2010) by

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration

and Ministerial Functions) Order 2010

(S.I. No. 217 of 2010), arts. 2, 3 and sch., subject to transitional provisions in

arts. 4-8; superseded as per C-note above.

E4

Previous affecting provision: functions transferred and references to Minister for

and Department of Equality and Law Reform construed (8.07.1997) by

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions)

Order 1997

(S.I. No. 297 of 1997), arts. 3, 4 and sch., subject to transitional provisions in

arts. 5-9; superseded as per C-note above.

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART II

Adoptive leave

6.

Entitlement of employed adopting mother (or sole male adopter) to a minimum period

of adoptive leave.

6A.

Restrictions on entitlement to adoptive leave.

7.

Notification of employer.

8.

Entitlement of employed adopting mother (or sole male adopter) to additional adoptive

leave.

9.

Entitlement of adopting father to adoptive leave in certain circumstances.

10.

Entitlement of adopting father to additional adoptive leave in certain circumstances.

11.

Entitlement of adopting father to additional adoptive leave before day of placement

in certain circumstances.

11A.

Time off to attend certain pre-adoption classes and meetings.

11B.

Termination of additional adoptive leave on sickness of adopting parent.

11C.

Postponement of leave on hospitalisation of child.

11D.

Absence from work owing to sickness while leave postponed.

12.

Placements of less than fourteen weeks duration.

13.

Certificate of placement to be issued.

14.

Evidence as to certificate of placement.

PART III

Provisions Relating to Employment Contracts

15.

Preservation or suspension of certain rights, etc. while on adoptive leave.

16.

Voidance of certain purported terminations of employment, etc.

17.

Extension of certain notices of termination of employment or of certain suspensions.

18.

General right to return to work after adoptive leave or additional adoptive leave.

19.

Right to suitable alternative employment in certain circumstances on return to work.

20.

Notification of intention to return to work.

21.

Postponement of return to work.

PART IV

Amendment or Application of Other Enactments

Unfair Dismissals Act, 1977

22.

Amendment of section 1 of Act of 1977.

23.

Amendment of section 2 (2) of Act of 1977.

24.

Amendment of section 6 (2) of Act of 1977.

25.

Amendment of section 6 of Act of 1977.

26.

Adopting parent not permitted to return to work.

Redundancy Payments Act, 1967

27.

Amendment of section 2 of Act of 1967.

28.

Amendment of Schedule 3 to Redundancy Payments Act 1967.

29.

Adopting parent not permitted to return to work.

Minimum Notice and Terms of Employment Act, 1973

30.

Adopting parent not permitted to return to work.

PART V

Disputes Relating to Entitlement

31.

Definition.

32.

Disputes regarding entitlement under this Act.

33.

Decision under section 41 or

section 44 of Workplace Relations Act 2015.

34.

Referral of disputes to rights

commissioner.

(Repealed)

35.

Appeal from decision of rights

commissioner.

(Repealed)

36.

Appeal to High Court on point

of law.

(Repealed)

37.

Service of documents.

(Repealed)

38.

Provisions relating to winding

up and bankruptcy.

(Repealed)

39.

Enforcement of decision of

rights commissioner and determination of Tribunal.

(Repealed)

40.

Extension of Protection of

Employees (Employers’ Insolvency) Act, 1984.

(Repealed)

PART VI

Miscellaneous and Transitional Provisions

41.

Alternative notification procedure.

42.

Right to adoptive leave where child placed before commencement of Act.

43.

Right to additional adoptive leave where child placed before commencement of Act.

44.

Notification of intention to return to work in respect of leave taken under

sections 42

and

43

.

45.

Revocation.