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Adoptive Leave Policy

DPD Adoptive Leave Policy

Mary Gaffey avatar
Written by Mary Gaffey
Updated over a year ago

DPD Ireland – Adoptive Leave Policy

This policy informs all employees covered by the Adoptive Leave Acts 1995 and 2005 and Family Leave and Miscellaneous Provisions Act 2021 of their rights and entitlements while in this employment.
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This policy covers employees who are qualifying adopters while in the employment of the organisation. All full-time and part-time employees are covered by this policy. 

Who can take this leave;

Qualifying adopters can take adoptive leave. A qualified adopter is either:

  • The sole adopter, in the case of a parent who is adopting a child on their own

  • The nominated parent in the case of an adopting couple

The adopting couple can choose who should take the adoptive leave (they must decide who will be the nominated parent).

An adopting couple means:

  • A married couple

  • A couple who are civil partners

  • A cohabiting couple adopting a child

The parent who does not take adoptive leave is entitled to paternity leave.

Entitlements
Under our adoptive leave policy, you have the following entitlements: 

  • you are entitled to 24 consecutive weeks’ adoptive leave, commencing from the date of placement of your child; 

  • you must give the organisation at least four weeks written notice of your intention to take adoptive leave and also forward to the organisation any documentation confirming the adoption of your child and specifying the expected week of adoption; 

  • you must give the organisation at least four weeks written notice of your intention to return to work; 

  • you are also entitled to take additional adoptive leave of up to 16 weeks, commencing immediately after the end of the adoptive leave; 

  • you must inform the organisation in writing of your intention to take the 16 weeks’ additional leave not later than four weeks before the end of the 24-week adoptive leave period; 

  • In the case of a foreign adoption, all or part of the additional adoptive leave can be taken before the placement of your child; if you wish to avail of this option, you must inform the organisation in writing four weeks before the leave is due to begin.

Time off to attend preparation classes
Employees (both parents) are entitled to time off during working hours without loss of pay to attend preparation meetings and pre-adoption classes with social workers/Health Service Executive officials, which are held within the State, and are required as part of the pre-adoption process.
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You must give written notification to your manager/HR department of the dates and times of the classes, or class, at least two weeks before the first class.  

Annual leave and public holiday benefit
While on adoptive leave and additional adoptive leave, you will retain your full entitlement to annual leave and public holiday benefit. You will be notified of the number of public holidays for which you are entitled to benefit, and you will agree with your manager when these paid days will be taken. 

Any request for annual leave must be made as per the organisation’s annual leave policy. Such requests will be treated in the same way as an annual leave application from any other employee, taking account of business and resourcing issues. 

Additional adoptive leave and sickness
You may request to terminate unpaid additional adoptive leave in the event of medically certified illness, thereby allowing you to transfer to the sick leave scheme. This is subject to approval by the organisation. Requests for termination of the additional adoptive leave and acceptance of this by the organisation must be in writing.

Please note that if you choose to transfer to the sick leave scheme, then the remainder of the additional adoptive leave cannot be taken at a later date following the period of sick leave.  

Postponement of adoptive leave
Adoptive leave and/or additional adoptive leave may be postponed in the event of the hospitalisation of your child, subject to the agreement of the organisation.

You should request the postponement of the leave in writing as soon as possible. This request should also include a letter of confirmation from the hospital.  

Payment during leave
During adoptive leave and additional adoptive leave, you will be deemed to be in employment and your employment rights, with the exception of remuneration, are preserved as if you were present at work.

During adoptive leave, employees who have the necessary PRSI contributions are entitled to Adoptive Benefit from the Department of Employment Affairs and Social Protection (DEASP). It is recommended that you apply at least six weeks before the start date of your adoptive leave. Claims should be made on AB1 forms, which are available from the hospital, your doctor or social welfare offices.

DPD Ireland will top up your DEASP Adoptive Benefit during Adoptive Leave (i.e. up to 24 weeks) to the amount of your contractual base salary. It is your responsibility to arrange and claim Adoptive Benefit from the State. DPD Ireland will deduct the maximum weekly rate of benefit payment from your contractural base salary. There is a minimum service of 12 months continuous service required to avail of this benefit.

For qualifying employees on a fixed-term or specified purpose contract, any leave (or any other benefit) will last only for duration of the contract.

If you do not intend to return to work, or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract of employment. The company will be able to accept the resignation once your adoptive leave is finished. It is important to note that if you resign and do not return to work after your adoptive leave DPD may ask you to repay any Adoptive top up payments made to you by the organisation.

Additional adoptive leave (Unpaid)

Qualifying employees may take up to an additional 16 weeks leave immediately following the 24 weeks’ adoptive leave.

Additional Adoptive Leave is unpaid. During Additional Adoptive Leave, the employee will not receive any Adoptive Benefit from the State nor any payment of their contractual base salary from DPD Ireland.

Employment protection

An employee on adoptive leave will be treated as if they were not absent from work. At the end of adoptive leave, you will be entitled to return to your original job under terms and conditions no less favourable than those which would have applied if you had not been absent. However, you must give at least four weeks written notice of your return to work date.

Adoptive leave notifications
Employees who are entitled to avail of leave under the Adoptive Leave Acts 1995 and 2005 must comply with certain notification procedures in order to be eligible for protection under the Acts. They are required to provide written notification of their intention to take adoptive leave and additional adoptive leave; to attend pre-adoption classes and preparation meetings; and of their intention to return to work. All protection and entitlements under the Acts are subject to satisfactory written notification. 

Congratulations

Our warmest congratulations go out to you at this key moment in your life.

Complaints

You are protected against penalisation and unfair dismissal for claiming your rights under Adoptive leave legislation.

Disputes about Adoptive leave can be referred by the employee in writing to the Head of HR, patricia.lennon@dpd.ie.

P.O Doc 13

Issue Date 01st June 2022

Rev Date: 12th June 2024

Next Rev Date: 11th Jan 2025

Documented by: Jess Lumley

Approved by: Mary Gaffey

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