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B. Key Considerations

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Entitlement

Adoptive mothers, and sole male adopters are entitled to avail of up to 24 weeks Adoptive Leave.  An additional period of up to 16 weeks leave may be taken at the discretion of the Employee immediately following the initial 24 week leave period.

Where an adoption is for a period less than the statutory leave period(s), (e.g. a short term adoption for a month) then the leave must expire on the termination of the adoption (except where such termination is a result of the death of the child).  The Employee is obliged to notify their Employer of such a situation, and to return to work on an agreed date. 

Calculating the Start and Finish Dates of Leave

Adoptive Leave commences on the actual date of placement of the adoptive child with the adopting Employee. 

When calculating the actual date of expiry of an Employee’s leave it is important to consider any public holidays falling during the period of leave.  An Employee is entitled to a benefit in respect of a public holiday falling during Adoptive Leave or additional Adoptive Leave. For example, an Employee who is on Adoptive Leave over the Christmas period is entitled to a benefit in respect of Christmas Day, St. Stephen’s Day and New Years Day.  Therefore, he/she should be provided a public holiday benefit in respect of these days.