Tom Parlon (Laois-Offaly, Progressive Democrats)

This amendment is rejected. The provision in section 8 of the Bill for termination of additional adoptive leave on the sickness of the adopting parents is consistent with the provisions in section 6 of the Maternity Protection (Amendment) Bill 2003, which implements the recommendations of the maternity working group on this matter. The review group recommends that in the event of illness, an employee should, subject to the agreement of the employer, be able to transfer from additional maternity leave to sick leave. If an employee transfers from additional maternity leave to sick leave, she will forfeit her right to any additional maternity leave not taken at the date of commencement of the sick leave.

Section 8 of the Bill provides the employee with an option, if the employer agrees, to terminate unpaid additional adoptive leave in the event of illness and to benefit from payment in respect of sick leave subject to the sick leave arrangements in place. The proposed amendment strays from the agreed recommendations of the working group by removing subsection (4)(b), which requires untaken leave to be forfeit, and runs contrary to section 12(2) of the Sustaining Progress partnership agreement. The agreement states clearly that the Bill would provide for termination of additional adoptive leave in event of illness, subject to the agreement of the employer. To depart from this would be a significant departure from the package of compromises agreed and could damage further agreements of this nature.