Adoptive leave

One parent of an adopting couple or a parent who is adopting alone has the right to up to 16 weeks’ additional adoptive leave without pay. 

Additional adoptive leave must commence immediately after adoptive leave has ended. 

In the case of a foreign adoption, some or all of the period of additional leave may be taken before the day of placement, subject to certain notification requirements. 

You must give written notification to your employer of your intention to take additional adoptive leave, at least four weeks before the end of your adoptive leave. 

You may revoke this notification by writing to your employer. 

While you are on adoptive leave/additional adoptive leave you must give written notification to your employer of your intention to return to work. This must state the expected date of return and must be submitted at leastfour weeks before you expect to return to work. 

If the proper notice is not given, it could affect your right to return to work. 

If you become ill while on adoptive leave and you have notified your employer of your intention to take additional adoptive leave, or if you are already on additional adoptive leave, you may terminate your additional adoptive leave and commence a period of sick leave. However, this is subject to the agreement of your employer. 

You will not be entitled to take any additional adoptive leave which was not taken at the date of termination of the leave. 

Under the Adoptive Leave Act, 1995-2005, adoptive leave is available to one parent of an adopting couple or a parent who is adopting alone. 

If the child is hospitalised, you may postpone part or all of your adoptive leave or additional adoptive leave, provided your employer agrees to the request. 

You can then return to work and take the remainder of your postponed leave in one continuous period. This period should commence within seven days of the discharge of the child from hospital, or such other date as agreed with your employer. 

You must notify your employer in writing of your intention to take postponed leave as soon as is reasonably practicable after you become aware of the date the child is to be discharge from hospital.  

You can also revoke this notification in writing.  

No, you have the right not to be dismissed, made redundant or suspended while on the leave described above. 

An employee is entitled to paid time off work to attend pre-adoption preparation classes/meetings. 

You must inform your employer at least two weeks before the dates of the classes/meetings. You must also submit documentation to your employer to confirm the date(s) and time(s) of those classes/meetings, if requested. 

The parent who does not avail of adoptive leave is entitled to statutory paternity leave of two weeks as well as Paternity Benefit. Health service employees will receive their full normal pay (less any social welfare entitlements, where applicable), for the 2 weeks. 

You can continue to receive Paternity Benefit for any period of your paternity leave spent in a country outside of the Republic of Ireland (EU and Non-EU).  

Under the Act, an employer is not obliged to pay an employee during adoptive leave or additional adoptive leave.  

If you satisfy certain PRSI contribution conditions you will be paid adoptive benefit directly from the Department of Social Protection. 

You should apply for Adoptive Benefit six weeks before you intend to go on adoptive leave.  

To apply for this benefit you should fill in Form AB1 and return the form together with all relevant certificates to the Department of Social Protection. Forms can be downloaded from www.welfare.ie or obtained from your local Department of Social Protection office.  

Adoptive Benefit is paid for a continuous period of 24 weeks from the date of placement of your child. 

If you are an EU citizen, you can continue to receive Adoptive Benefit for any period of your adoptive leave spent in another EU country or for any period of up to six weeks spent in a country outside the EU. 

If you are not an EU citizen, you can be paid Adoptive Benefit for any period of your Adoptive leave spent in the Republic of Ireland. You can continue to receive Adoptive Benefit for any period of up to six weeks of your adoptive leave spent in a country outside of the Republic of Ireland (EU and Non-EU). If you exceed this period Adoptive Benefit will cease until  you return to the Republic of Ireland. 

One parent of an adopting couple or a parent who is adopting alone has the right to a minimum period of 24 consecutive weeks’ adoptive leave beginning on the day of placement of the child. 

You must give written notification to your employer of your intention to take adoptive leave as soon as is reasonably practicable but not later than 4 weeks before the expected placement of the child.  If the day of placement is postponed the leave may be postponed until the new day of placement. 

You have the right to return to the same job or, if this is not possible, the right to suitable alternative work on no less favourable terms and conditions. 

While on Adoptive Leave/Additional Adoptive Leave, you are regarded as being in employment and therefore retain all employment rights such as annual leave, public holidays, increments etc.