STATUTORY INSTRUMENT

S.I. No. 52 of 2006

Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006

WHEREAS it is enacted by section 6 (as amended by section 3 of the section 5 of the Adoptive Leave Act 2005 ) of the Adoptive Leave Act 1995 that the Minister for Justice, Equality and Law Reform may, with the consent of the Minister for Social and Family Affairs and the Minister for Finance, by order extend the period specified in each of those provisions:

AND WHEREAS it is further enacted by section 8(1) (as amended by section 4 of the section 6 of the Adoptive Leave Act 2005 ) of the Adoptive Leave Act 1995 that the Minister for Justice, Equality and Law Reform may by order extend the period specified in each of those provisions:

AND WHEREAS it is further enacted by section 3(3) of the Adoptive Leave Act 1995 that where an order is proposed to be made under that Act (other than an order under section 1(2) thereof), a draft of the order shall be laid before both Houses of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House:

AND WHEREAS a draft of the following Order has been laid before both Houses of the Oireachtas and a resolution approving of the draft has been passed by each such House:

AND WHEREAS the Minister for Justice, Equality and Law Reform has, in accordance with section 3(4) of that Act, consulted such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trades unions or bodies analogous to trades unions as he considers appropriate:

NOW I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 6, 8(1), 9(1) and 10(1) of the Adoptive Leave Act 1995 (No. 2 of 1995) (as amended by the Adoptive Leave Act 2005 (No. 25 of 2005)) and with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance insofar as the said sections 6 and 9(1) are concerned, order as follows:

1.           This Order may be cited as the Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006.

2.           (1)        Subject to paragraphs (2) and (3) of this Article, this Order (other than Articles 8 to 11 thereof) comes into operation on 1 February 2006.

(2)        (a)       Articles 4 and 5 of this Order apply in respect of an employed adopting mother or sole male adopter who commences adoptive leave or additional adoptive leave, as the case may be, at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.

(b)      Articles 6 and 7 of this Order apply in respect of an adopting father who commences adoptive leave or additional adoptive leave, as the case may be, at any time after the date specified in paragraph (1) of this Article.

(3)         (a)      Articles 4 to 7 of this Order do not apply in respect of an employee who -

(i)       at any time prior to the relevant date, postpones the leave concerned in accordance with section 11C (inserted by section 9 of the Act of 2005) of the Act of 1995, and

(ii)      by reason only of that postponement, resumes or commences the leave concerned after the relevant date.

(b)      In this paragraph -�the relevant date-� means -

(i)       1 February 2006, in respect of an adopting father's adoptive leave or additional adoptive leave, and

(ii)      1 March 2006, in respect of an employed adopting mother or sole male adopter's adoptive leave or additional adoptive leave.

(4)         Subject to paragraphs (5) and (6) of this Article, Articles 8 to 11 of this Order come into operation on 1 February 2007.

(5)         (a)      Articles 8 and 9 of this Order apply in respect of an employed adopting mother or sole male adopter who commences adoptive leave or additional adoptive leave, as the case may be, at any time not less than 4 weeks after the commencement of those Articles.

(b)      Articles 10 and 11 of this Order apply in respect of an adopting father who commences adoptive leave or additional adoptive leave, as the case may be, at any time after the commencement of those Articles.

(6)         (a)      Articles 8 to 11 of this Order do not apply in respect of an employee who -

(i)       at any time prior to the relevant date, postpones the leave concerned in accordance with section 11C (inserted by section 9 of the Act of 2005) of the Act of 1995, and

(ii)      by reason only of that postponement, resumes or commences the leave concerned after the relevant date.

(b)       In this paragraph -�the relevant date-� means -

(i)       1 February 2007, in respect of an adopting father's adoptive leave or additional adoptive leave, and

(ii)      1 March 2007, in respect of an employed adopting mother or sole male adopter's adoptive leave or additional adoptive leave.

3.           In this Order -

-�Act of 1995-� means the Adoptive Leave Act 1995 (No. 2 of 1995);

-�Act of 2005-� means the Adoptive Leave Act 2005 (No. 25 of 2005).

4.           The minimum period for the purposes of section 6 (as amended by section 3 of the Act of 2005) of the Act of 1995 is 20 weeks.

5.           The maximum period for the purposes of section 8(1) (as amended by section 4 of the Act of 2005) of the Act of 1995 is 12 weeks.

6.           The adoptive leave for the purposes of section 9(1) (as amended by section 5 of the Act of 2005) of the Act of 1995 shall be for a period of -

(a)      in case the adopting mother dies on or after the day of placement, 20 weeks less the period between the date of placement and the date of her death, or

(b)      in any other case, 20 weeks.

7.           The additional adoptive leave for the purposes of section 10(1) (as amended by section 6 of the Act of 2005) of the Act of 1995 shall be for a period of -

(a)      in case the adopting mother dies on or after the expiration of 20 weeks from the day of placement, 12 weeks less the period between the date of that expiration and the date of her death, or

(b)      in any other case, 12 weeks.

8.           The minimum period for the purposes of section 6 (as amended by section 3 of the Act of 2005) of the Act of 1995 is 24 weeks.

9.           The maximum period for the purposes of section 8(1) (as amended by section 4 of the Act of 2005) of the Act of 1995 is 16 weeks.

10.           The adoptive leave for the purposes of section 9(1) (as amended by section 5 of the Act of 2005) of the Act of 1995 shall be for a period of -

(a)      in case the adopting mother dies on or after the day of placement, 24 weeks less the period between the date of placement and the date of her death, or

(b)      in any other case, 24 weeks.

11.           The additional adoptive leave for the purposes of section 10(1) (as amended by section 6 of the Act of 2005) of the Act of 1995 shall be for a period of -

(a)      in case the adopting mother dies on or after the expiration of 24 weeks from the day of placement, 16 weeks less the period between the date of that expiration and the date of her death, or

(b)      in any other case, 16 weeks.

The Minister for Social and Family Affairs consents to the foregoing Order (other than Articles 5, 7, 9 and 11 thereof).

The Minister for Finance consents to the foregoing Order (other than Articles 5, 7, 9 and 11 thereof).

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order extends the periods of adoptive leave under the Adoptive Leave Act 1995 .