Adoptive Leave Policy

INTRODUCTION

1. The University provides adoptive leave to adopting mothers and in some instances, adopting fathers. This policy complies fully with the Adoptive Leave Act, 1995, and the Adoptive Leave Order 2004.

ELIGIBILITY

2. All employees, who are adopting mothers, sole male adopters and in certain circumstances, adopting father and under a contract of employment are entitled to twenty four (24) weeks’ adoptive leave.

ENTITLEMENT

3. Permanent/indefinite employees are entitled to full pay for twenty-four (24) weeks

4. Fixed Term employees are entitled to pay up to their contract termination date.

DEFINITIONS

5. " Adopting Mother" - a female employee who has adopted, or is adopting, or is effecting a domestic or foreign adoption of a child of whom she is not the natural mother.

6. "Adopting Father" - a male employee who has adopted, or is adopting, or is effecting a domestic or foreign adoption before or during which the adopting mother has died.

7. " Sole Male Adopter" - a male employee who has adopted, or is adopting, or is effecting a domestic or foreign adoption of a child and will have sole responsibility for the child.

8. "Day of Placement" - means the day the child is placed in the care of the adopting parent(s) with a view to making an adoption order, or the day the child is placed in the care of the adopting parents with a view to effecting a foreign adoption.

GUIDELINES

9. A member of staff will be entitled to paid time off for pre-adoption and post-adoption visits by social workers and/or health board officials. Evidence of appointments will be required. The right is subject to the staff member giving the Department Head at least two weeks notice, where possible, of the appointment.

10. In foreign adoption cases, an adopting mother, or sole male adopter, may take some of the additional leave before the placement of the child.

11. In the unfortunate event of an adopting mother’s death, the adopting father will be entitled to paid leave. This leave will be twenty four (24) weeks if the mother dies before the day of placement.

12. Employees paying Class D PRSI will be granted full pay from the University whilst on adoptive leave. Employees paying Class A1 PRSI must fill in the AB1 form and return it directly to Adoptive Benefit Section, Social Welfare Services, St. Oliver Plunkett Road, Letterkenny, Co. Donegal. The maximum amount of Є274.00 will be deducted from salary for twenty four (24 weeks). The adoptive benefit cheque will be sent directly to the employee’s bank account or home address. If the amount received is less than Є274.00, the onus is on the employee to inform the Department of Human Resources.

13. The Head of Department should contact the Department of Human Resources as early as possible if a replacement is required.

14. Absences on additional unpaid adoptive leave are not reckonable for superannuation. The absence will, therefore not count as service and will reckon for incremental purposes, and for qualifying service for annual leave and promotion, but not for public holidays.

15. Any public holidays that fall during the twenty four (24) week paid adoptive leave period will be added to the end of the period of adoptive leave. Holiday entitlements will be calculated as if the employee was at work. Employees availing of additional unpaid adoptive leave will be entitled to annual leave but not to public holidays which fall within the period of unpaid adoptive leave.

16. If the expected date of placement is postponed, the period of adoptive leave will also be postponed. The new expected date of placement must be communicated to the Department Head as soon as is reasonably practicable.

17. Additional unpaid adoptive leave may be allowed for a maximum of sixteen (16) consecutive weeks commencing immediately after the end of the adoptive leave, provided the Department of Human Resources and the relevant Department Head is notified at least four (4) weeks before the date on which the additional leave is due to commence.

18. An employee is entitled to return to work in University College Cork at the end of a period of adoptive leave in the job held immediately prior to the leave and under the same contract, terms and conditions of employment.

PROCEDURES

19. The employee informs the Department Head/Manager in writing of the pending adoptive leave as soon as is practicable, but no later than eight (8) weeks’ before the commencement of adoptive leave. For practical reasons, it is desirable that employees provide as much notice as possible so that appropriate arrangements can be made, vis-à- vis, workload distribution or replacement.

20. The employee applies to the Department of Human Resources for adoptive leave using an Application for Adoption Leave Form AL1. A certificate of placement must be submitted to the Department of Human Resources as soon as is reasonably practicable, but no later than four weeks after the placement.

21. The Department of Human Resources will validate the leave claim and communicate directly with the employee, having received the AL1.

22. The Department of Human Resources will authorise payroll to make appropriate deductions.

23. An employee must complete the Adoptive Benefit Form and send it to Adoptive Benefit Section, Social Welfare Services, St. Oliver Plunkett Road, Letterkenny, Co. Donegal. For employees paying Class A1 PRSI contributions payment from the University will be salary less maternity benefit payments, therefore it is important that the employee claims benefit to maintain their full salary.

24. For the completion of Social Welfare Adoptive Leave Payment forms, please contact the Department of Human Resources.

25. If the employee wishes to avail of the sixteen (16) weeks’ extended leave, s/he must do so by writing to the Department of Human Resources and the Head of Department at least four (4) weeks prior to the expected date of return.

26. In foreign adoption cases, the adopting employee may take some or all of the additional leave before the date of placement. Written notification must be supplied to the Head of Department at least four (4) weeks before the leave begins.

27. The staff member must provide the Department of Human Resources with written notification of his/her intention to return to work, and the expected date of return, no later than four (4) weeks before the expected date of return.

28. If the employee wants to take annual leave at the end of the twenty six (26) weeks’ maternity leave or extended sixteen (16) weeks’ unpaid leave, then an Annual Leave Form must be completed and approved by the Head of Department at least four weeks before the expected return date and forwarded to Human Resources prior to the annual leave commencing.

CONTACT: Ms Kathy O'Connell, Department of Human Resources and Organisational Development, Ground Floor, Block E, Food Science Building, University College Cork. Tel. 4902674. E-mail: k.oconnell@ucc.ie