Written answers

Tuesday, 7 February 2006

Department of Justice, Equality and Law Reform

Adoptive Leave

9:00 pm

Photo of M J NolanM J Nolan (Carlow-Kilkenny, Fianna Fail)
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Question 408: To ask the Minister for Justice, Equality and Law Reform his plans to regulate maternity leave for families who adopt children; and if he will make a statement on the matter. [3900/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The Adoptive Leave Acts 1995 and 2005 provide for a leave entitlement, similar to maternity leave, to adopting mothers after the placement of a child into their care. The provisions of the Acts are modelled on existing arrangements for natural mothers. Adoptive leave entitlement also applies to sole male adopters and, in exceptional circumstances, to adopting fathers in the event of the death of the adopting mother.

The Acts provide for 16 weeks adoptive leave attracting payment and an optional eight weeks additional unpaid adoptive leave. In the case of foreign adoptions, some or all of the eight weeks additional unpaid leave may be taken prior to the date of placement of the child with the adoptive parent or parents. In the interests of maintaining the parity of entitlements between adopting and natural mothers, the increases to maternity leave announced in the context of budget 2006 have been applied by me by order to adoptive leave. Paid adoptive leave will be increased to 20 weeks on 1 March 2006 and to 24 weeks on 1 March 2007, while unpaid adoptive leave will be increased to 12 weeks on 1 March 2006 and to 16 weeks on 1 March 2007.

The Adoptive Leave Act 2005, which was commenced on 28 November 2005, amended the 1995 Act to improve the existing adoptive leave provisions in line with the new maternity leave provisions contained in the Maternity Protection (Amendment) Act 2004. The main provisions of the Adoptive Leave Act 2005 are provision for an increase in the adoptive leave period by two weeks to 16 weeks — already implemented by ministerial order effective from 19 November 2004 — provision for adopting parent or parents to attend required preparation classes and pre-adoption meetings with social workers-health board officials during work hours without loss of pay, provision for termination of additional adoptive leave in the event of illness, subject to the agreement of the employer, and provision to split the period of adoptive leave-additional adoptive leave in the event of the hospitalisation of the child, subject to the agreement of the employer.

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