Adoption Leave National Standard Order, 2016

L.N. 336 of 2016

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Adoption Leave National Standard Order, 2016

IN exercise of the powers conferred by article 4 of the

Employment and Industrial Relations Act, the Minister for Social

Dialogue, Consumer affairs and Civil Liberties has made the

following order

(1) The title of this order is the Adoption Leave Citation and

scope.

National Standard Order, 2016.

(2) The purpose of this order is to lay down minimum

requirements designed to safeguard the employment rights of

employees who have adopted a child

Provided that this Order shall not apply in the case of

adoptions where the person adopted is the natural offspring of either of

the parents.

(3) This order shall be applicable without prejudice to the

introduction and implementation of more favourable provisions in

collective agreements or other agreements entered into between the

employer and the employee.

(1)

In this order, unless the context otherwise requires:-

Interpretation.

"the Act" means the Employment and Industrial Relations Act;

"adoption" means a local or an intercountry adoption made in

accordance with the provisions of the Civil Code, the provisions of Cap. 16.

the Adoption Administration Act and any regulations made Cap. 495.

thereunder;

"child" means a person under eighteen years of age.

(2) Subject to the provisions of sub-article (1), terms and

expressions used in this order shall, unless the context otherwise

requires, have the same meaning assigned to them by the Act.

(1) An employee who is the parent of an adopted child Adoption leave.

shall be entitled to an uninterrupted period of eighteen weeks

adoption leave whenever a child is adopted and such leave shall

commence on the date when the child passes into the care and custody

of the adoptive parent or parents by means of a judgment of a court of

law in the country of origin

Provided that if the employee is on any other leave

contemplated in the Act or in the orders or regulations issued

thereunder, adoption leave shall be postponed until that other leave

expires.

(2) Subject to sub-article (3), an employee on adoption leave

shall be entitled to the first fourteen weeks of adoption leave with full

wages but if the employee chooses to avail himself of any additional

adoption leave beyond the fourteen weeks, the employer shall not be

obliged to pay any wages for those weeks of adoption leave which go

beyond the aforementioned fourteen weeks, without prejudice to any

relevant benefit in respect of any period of adoption leave which goes

beyond fourteen weeks in terms of the Social Security Act to which

the employee may be entitled if he chooses to avail himself of

adoption leave beyond the paid fourteen weeks.

(3) Adoption leave shall

(a)

in the case of a single parent, be enjoyed by that

parent;

(b)

in the case of more than one parent

(i) if only one parent is in employment on the

date of adoption of the child, be enjoyed by that parent;

(ii) if both parents are in employment, whether

with different employers or with the same employer, on the

date of adoption of the child, each parent shall be entitled

to such part of the adoption leave as referred to in sub-

article (2) as they may agree in writing.

(4) It shall be the responsibility of the employee requesting

adoption leave, where there is more than one adoptive parent, to

provide proof to the employer that

(a)

the other parent of the adoptive child is not in

employment; or

(b) there is an agreement between the parents which

stipulates what part of the adoption leave is to be enjoyed by

one parent and what part of the adoption leave is to be enjoyed

by the other parent.

(1) Any employee who intends to avail himself of the

adoption leave shall notify the employer in writing of the date when

he intends to avail himself of such entitlement.

(2) The notification referred to in this article shall

(a)

include a written statement by the employee’s

accredited adoption agency in terms of the provisions of the Cap.

Civil Code and, or the provisions of the Adoption

Administration Act certifying that a court date has been set for

the hearing of the adoption case in the country of origin.

(b) be given to the employer at least two weeks before

the adoption leave begins, in so far as is reasonably practicable.

5. An employee on a fixed-term contract shall, for the Adoption leave

duration of that contract have the same rights conferred by this order, during

term contracts.

but shall not be liable to pay the employer a sum equivalent to the

wages he received during adoption leave if his contract of

employment is not extended at the employer’s discretion for up to a

period of time which is sufficient for him to fulfil the obligations

pursuant to article 7.

6. (1) When an employee is on adoption leave, the Rights.

employee shall be deemed to have been in the employment of the

employer and during any such absence he shall be entitled to all rights

and benefits which may accrue to other employees of the same class

or category of employment at the same place of work, including the

right to apply for promotion opportunities at his place of work.

(2) During the leave referred to in the previous sub-article, the

employee shall have no right to any bonus or allowance related to

performance or production.

(3) The employee shall, on the termination of the adoption

leave to which he is entitled under the provisions of this order, be

entitled to resume work in the post he occupied on the

commencement of the adoption leave, or in an analogous post if at the

time when he becomes so entitled the post he formerly occupied is no

longer available.

(4) An employee who intends to or avails himself of adoption

leave in terms of this order shall not be dismissed by the employer by

reason of the intention or availing himself of such adoption leave.

(5) When an employee intends to avail himself of adoption

leave in terms of this order during his probationary period, the

probationary period shall be suspended on the day of the start of the

adoption leave and shall resume when the employee returns to work

after the adoption leave.

7. Where an employee avails himself of adoption leave and

does not resume work as provided in the preceding article, or, after

having so resumed work, abandons the service of his employer

without good and sufficient cause within two calendar months from

the date of such resumption, he shall be liable, without prejudice to

any other liability under the Act, to pay the employer a sum

equivalent to the basic wages he received during the adoption leave.

If only part of the two calendar month period is worked by the

employee, such equivalent sum shall be reduced by a proportionate

amount, taking into account the period worked.

8. Any person contravening the provisions of this order shall

be guilty of an offence and shall be liable, on conviction, to a fine

(multa) of not less than five hundred euro (€500).

€0.36