Adoptive Leave

ADOPTIVE LEAVE SCHEME


(Should be read in conjunction with the General Provisions for All Schemes and Definitions as laid out in Circular 0054/2019)

The Adoptive Leave Scheme is regulated by the Adoptive Leave Act 1995, as amended.
 

Entitlement to Adoptive Leave

Adoptive Leave is a period of 24 consecutive weeks paid leave, from the date of placement of the child with the adopting teacher.
Adoptive Leave is granted to teachers who are adopting mothers or sole male adopters. The adopting father who is not a sole male adopter may be entitled to Adoptive Leave in certain circumstances. Please see paragraph 14 for details on this provision.

In order to qualify for Adoptive Leave, the adoption, whether foreign or domestic, must be formalised by the Adoption Authority of Ireland, the independent statutory body with responsibility for overseeing the adoption process on behalf of the State.


Statutory Additional Unpaid Adoptive Leave


An adopting teacher may take up to a maximum of 16 consecutive weeks statutory additional unpaid Adoptive Leave, commencing on the day following statutory Adoptive Leave.
In the case of foreign adoptions, some or all, of the statutory additional unpaid Adoptive Leave may be taken prior to the date of placement, in order to allow the adopting teacher to attend meetings and/or classes held outside of the State, or for the purposes of familiarisation with the child. A period of statutory additional unpaid Adoptive Leave, taken under this provision, must cease no later than the last day immediately prior to the date of placement. The balance of any statutory additional unpaid Adoptive Leave remaining, may be taken immediately after the end of Adoptive Leave.
 teacher who avails of statutory additional unpaid Adoptive Leave may be entitled to receive PRSI credits. The Application for Adoptive Leave Credits which is available from the DEASP, must be completed by the teacher and employer, and returned to the DEASP. It is the teacher’s responsibility to apply for these credits.



Non-Statutory Additional Unpaid Adoptive Leave


An adopting teacher who, on completion of Adoptive Leave and statutory additional unpaid Adoptive Leave may apply for non-statutory additional Unpaid Adoptive Leave until the end of the school year i.e. 31st August.
Non-Statutory additional Unpaid Adoptive Leave is subject to obtaining written sanction from the employer, at least 6 weeks in advance of an intention to avail of this leave.

 

Sequence in which Adoptive Leave must be taken


Adoptive Leave entitlements must be taken in the following sequence:

  • Statutory Adoptive Leave (24 weeks)
  • Statutory additional unpaid Adoptive Leave (up to a maximum of 16 weeks). In the case of foreign adoptions, some or all, of the statutory additional unpaid Adoptive Leave may be taken prior to placement
  • Non-Statutory additional unpaid Adoptive Leave until the end of school year (31st August)

When all Adoptive Leave types have been exhausted, as appropriate to each individual, the next working day becomes the date of resumption of duties for the adopting teacher.

 

Time off for attendance at Pre-Adoption Classes and Meetings within the State

 

An adopting teacher is entitled to time off work, without loss of pay, to attend pre-adoption classes or meetings held within the State which they are obliged to attend as part of the adoption process.
Two weeks’ notice should be given for each absence referred to in this paragraph and appropriate documentary evidence provided.
Substitution for such absences will be paid by the Department.

 

Application Procedures


Application for all types of Adoptive Leave, both paid and unpaid, should be made by the adopting teacher to his/her employer, at least 6 weeks prior to the planned commencement date using the Application Form at Appendix A; Chapter 3 of Circular 0054/2019.
In order to avail of statutory Adoptive Leave, the adopting teacher must complete the DEASP AB1 Form and should ensure that the employer completes the employer’s portion. The completed form must be forwarded to the DEASP by the adopting teacher at least 6 weeks prior to the leave commencement date. The AB1 Form should NOT be sent to the Department.
In the case of a domestic adoption, the adopting teacher must furnish to the employer, no later than 4 weeks after date of placement, a Certificate of Placement issued by the Adoption Authority of Ireland. The Certificate of Placement states the date of placement, the gender and age of the child being adopted and the name and address of the adopting parent.
In the case of foreign adoption, the adopting teacher must furnish to the employer a Declaration of Eligibility and Suitability from the Adoption Authority of Ireland, which states the date of placement, the gender and age of the child being adopted and the name and address of the adopting parent in advance of the date of placement. As soon as possible after the date of placement the adopting teacher should provide written confirmation of placement to their employer.

 

Notification and Recording of Leave


The Adoptive Leave absence must be notified by the employer to the Department via the OLCS, not later than 6 weeks prior to the commencement of the leave.
The procedure for recording Adoptive Leave absence on the OLCS is available at Appendix B; Chapter 3 of Circular 0054/2019.
An example Adoptive Leave case is attached at Appendix C; Chapter 3 of Circular 0054/2019.

 

Pay Arrangements and Adoptive Benefit


Continuation of salary during Adoptive Leave is not a statutory entitlement and any action which necessitates an adjustment to a teacher’s pay, should be notified to the Paymaster immediately.
Adoptive Benefit payment is a taxable income.
Under the DEASP regulations, the following are the arrangements for PRSI contributors:

  • Full rate (Class A): Any Adoptive Benefit payable by the DEASP will issue directly to the teacher. A deduction from salary, equivalent to the maximum weekly rate of Adoptive Benefit, will be applied by the Paymaster.
  • Modified rate (Class D): No entitlement to Adoptive Benefit. Therefore, no deduction is applied to the teacher’s salary and they remain on their ordinary salary.


If the amount of Adoptive Benefit payable to the teacher is less than the maximum, or if a teacher is not entitled to any Adoptive Benefit, he/she should notify the Paymaster immediately to ensure that they can remain on the appropriate salary.
Changes to the automatic deduction can be made provided a copy of DEASP’s written notice of the actual Adoptive Benefit rate applicable, if any, is furnished by the teacher to the Paymaster. Deductions, where appropriate, will be made fortnightly during the period of statutory paid Adoptive Leave, up to a maximum of 24 weeks. If the Adoptive Leave absences are recorded late on the OLCS, any arrears will be deducted from the teacher’s salary.

 

Status during Adoptive Leave

 

A teacher absent on any of the Adoptive Leave types referred to below is deemed to have been in employment at that time.

  • Paid Adoptive Leave is fully reckonable for all purposes including progression on the incremental salary scale and seniority.
  • Statutory additional unpaid Adoptive Leave is reckonable for all purposes, with the exception of superannuation and remuneration.
  • Non-statutory additional unpaid Adoptive Leave is not reckonable for any purpose including accrual of annual leave.

 

Replacement Teacher


The employer may appoint a substitute teacher, paid by the Paymaster while a teacher is absent on Adoptive Leave and this must be recorded by the employer via the OLCS.
Contracts awarded to cover Adoptive Leave absences should make clear reference to the fact that the replacement teacher’s appointment may have to be terminated in the event of the absent teacher returning to duties earlier than initially expected (e.g. an absent teacher postpones part of the Adoptive Leave due to the hospitalisation of the child).

 

Employment while on Adoptive Leave

 

A teacher absent on Adoptive Leave may not engage in any type of teaching or other paid employment.
Under the DEASP regulations, Adoptive Benefit may be terminated if a teacher engages in paid employment while on Adoptive Leave.
Salary payment will be reviewed by the Paymaster in the event of termination of Adoptive Benefit arising from non-compliance with the terms of the Adoptive Benefit Scheme.

 

Postponement of Adoptive Leave


In the event that the date of placement is postponed, the commencement date of Adoptive Leave may also be postponed, provided the employer is informed of the new date of placement as soon as possible.
In the event of the hospitalisation of the child, a request may be made to the employer for postponement of:

  • Statutory Adoptive Leave
  • Statutory additional unpaid Adoptive Leave
  • Statutory Father’s Leave
  • Statutory additional unpaid Father’s Leave

Postponement of Adoptive Leave will require the absent teacher to resume duties in the school during the period of postponement.
An application for postponement must be made in writing to the employer, accompanied by certification from the hospital in which the child is hospitalised. The employer must notify the teacher in writing as soon as possible of its decision. If the leave is postponed, the employer and the teacher must agree the date of return to work.
The Paymaster and the DEASP must be notified immediately if the teacher is to return to work to facilitate pay adjustment, cease any benefit from the DEASP and the finalisation of payment to the replacement teacher.
The postponed leave must be taken in one continuous period commencing not later than 7 days after the discharge of the child from hospital. The maximum period for postponement of the leave is 6 months.
The teacher must provide the employer with a letter or other appropriate document from the hospital, or the child’s doctor, confirming the child’s discharge date.
If the teacher becomes ill, having returned to work and before he/she has taken the postponed leave, he/she will be considered to have started the postponed leave on the first day of absence due to illness, unless the teacher notifies the employer that he/she does not wish to begin the postponed leave. If this happens he/she will forfeit the postponed leave and the absence will be treated as Sick Leave. The normal procedures in relation to Sick Leave should then be followed, including the furnishing of a medical certificate where appropriate.

 

Father’s Leave


In the event of the death of the adopting mother at any time prior to or during her Adoptive Leave, the adopting father, becomes entitled to the remainder of the leave.
The adopting father should inform his employer as soon as possible of his intention to take Adoptive Leave and/or statutory/non-statutory additional unpaid Adoptive Leave.
The Certificate of Placement, or Declaration of Eligibility and Suitability, should be provided to the employer within 4 weeks of placement/commencement of the leave.
The leave should normally commence within 7 days of the event which has created the father’s entitlement to the leave, (or on the day of placement, whichever is later) but the employer should exercise discretion appropriate to the individual circumstances. To avail of his leave entitlement, the father in this circumstance may simply apply in writing to his employer. As soon as is reasonably practicable, the employer should be provided with a copy of the death certificate of the mother.

The sequencing arrangement outlined above will also apply to the Father’s Leave:

  • Father’s Leave (the transfer to the father of any balance remaining of the mother’s 24 week Adoptive Leave entitlement)
  • Statutory additional unpaid Father’s Leave (the transfer to the father of any balance remaining of the mother’s additional 16 weeks of statutory additional unpaid Leave)
  • Non-statutory additional unpaid Father’s Leave to end of school year (31st August).

 

Termination of Statutory Additional Unpaid Adoptive/Father’s Leave


An application to take statutory additional unpaid Adoptive Leave, or statutory additional unpaid Father’s Leave, may be withdrawn in writing, for any reason, up to 4 weeks prior to the proposed commencement date of such leave. If the 4 week cancellation period provided for in the Act has passed, entitlement to withdraw an application has been lost.
However, in the event of illness, a formal request can still be made to the employer, even after a period of such leave has commenced, to terminate the leave in favour of a certified Sick Leave absence. Approval of a request to terminate the Adoptive Leave is at the discretion of the employer. If approved, the employer and the teacher must agree the date for any such termination of the leave. The date agreed cannot be earlier than the first day of certified illness and not later than when the terminated Adoptive Leave would otherwise have ended. The normal procedures in relation to Sick Leave will then apply. The teacher will not be entitled subsequently to take the statutory additional unpaid Adoptive Leave or any part of it.
To facilitate necessary pay adjustment, the employer must notify the Paymaster that the teacher is now on Sick Leave.

Termination of Placement


Where, other than as a result of the death of the child, the placement of a child with a teacher terminates before the expiration of the Adoptive Leave or statutory/non-statutory additional unpaid Adoptive Leave, the teacher must notify the employer in writing of the date of termination within 7 days. The Adoptive Leave ends on the date of termination.

 

Return to work following Adoptive Leave

 

The employer should provide the absent teacher with a written statement of his/her absence and expected date of resumption of duties. The employer should be provided with a written notice from the teacher, 4 weeks before he/she is due to return, confirming the intention to resume duties from that date.