Family LawGeneral News

Q&A – Adoptive Leave

By July 12, 2023 No Comments
Adoptive Leave

What is Adoptive Leave?

In Ireland, adoptive leave is a statutory entitlement provided to employees who adopt a child. It allows adoptive parents to take time off work to bond with and care for their newly adopted child.

Who is entitled to take this Leave?

This leave is available to married couples, co-habiting partners, and civil partners who are adopting a child under the Adoption Act 2010. The entitlement applies to both domestic and intercountry adoptions.

However, it is important to note that only one parent in a couple can apply for the leave.

How long is the Leave for ?

The duration of  leave depends on whether the adoptive parent is the primary adopter or the secondary adopter of the adopting couple.

The primary adopter, who is usually the main caregiver, is entitled to 24 weeks off from work for  leave, starting from the date that the child has been placed in your care. The partner who does not avail of the leave will instead be entitled to two weeks of paternity leave.

Although you are entitled to take up to 16 additional weeks’ unpaid  leave, you will be unable to claim Adoptive Benefit during this period.

How do I notify my employer that I wish to avail of the leave?

The employee must provide written notice to their employer at least 4 weeks before the expected date of placement or as soon as reasonably practicable.

What kind of payment am I entitled to during Adoptive Leave?

Unless otherwise stated in your contract, your employer has no legal obligation to pay you during your period of adoptive leave.

During adoptive leave, however, eligible employees are entitled to receive Adoptive Benefit from the Department of Employment Affairs and Social Protection, assuming that you have enough PRSI contributions. The benefit is paid at a fixed rate and is subject to certain conditions and qualifying criteria.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

Leave a Reply