Written answers

Thursday, 19 May 2011

Department of Justice, Equality and Defence

Adoptive Leave

11:00 am

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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Question 115: To ask the Minister for Justice and Equality the reason a married adoptive mother can avail of maternity leave as per section 3 of Adoptive Leave Act 2005 whereas an adoptive father, in the same circumstances, cannot avail of paternity leave and if he believes this to be in contravention of the Equal Status Acts 2000-2004. [12262/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Adoption Leave Acts 1995 and 2005 provide an entitlement to adoptive leave to an employed adopting mother or to a sole male adopter. These provisions closely follow the provisions for maternity leave in the Maternity Protection Act 1994.

There is currently no general entitlement to paternity leave in Irish law. Both the Employment Equality Act 1998 and the Equal Status Act 2000 contain (at Section 17 and Section 14 respectively) savers for other enactments, including the Adoptive Leave Act and Maternity Protection Acts.

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