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3.8.16 Continuity of Employment
For both statutory and contractual purposes, continuity of employment is not broken by minimum,
extended or additional maternity leave or father's leave. This means that the full period of leave
counts for calculating continuous employment for statutory and contractual purposes except for
accrual of remuneration and holiday entitlement (see above).
Your contract of employment will continue during minimum, extended or additional maternity leave
or father's leave, although, of course, you will not be obliged to work nor, will the Company be obliged
to provide you with work. If for any reason you fail to return to work, or fail to give the appropriate
notification of your return to work, at the end of the relevant period of leave you will be treated as
having resigned from your employment and your employment and contract will come to an end as a
result of your resignation.
3.8.17 Health and Safety
In accordance with the Company's legal obligations the Company has carried out an assessment of the
risks to all pregnant employees, new mothers and breast-feeding mothers who work for the Company.
You should advise your Manager as soon as possible that you are pregnant, have given birth in the last
6 months or are breast feeding to allow adequate protection to be provided to you.
If your job is identified as carrying any risk for you or your unborn child, you will be notified
immediately, and arrangements will be made to remove you from those risks. This may mean that
your working conditions are altered or that you are offered another more suitable job for the duration
of your pregnancy. If neither of these options is possible the Company is obliged to suspend you on
full pay until you are no longer at risk. If you have any concerns about your own health and safety at
any time you should speak to your Manager immediately.
3.9 ADOPTIVE LEAVE
Adoptive leave is available to an employed adopting mother, an employed sole male adopter, and an
employed adopting father where the adopting mother has died. The leave consists of a minimum of
24 weeks-unpaid leave ("Adoptive Leave") commencing on the day of placement of the child and an
additional 16 weeks’ unpaid leave ("Additional Adoptive Leave"). You must give at least 4 weeks’
notice to the employer prior to the date of placement. For additional adoptive leave at least 4 weeks’
notice must be given before the end of the twenty-four-week adoptive leave period. This additional
leave is optional. In the case of foreign adoptions, some or all of the 16 weeks’ additional leave may
be taken immediately before the placement date. From 30 January 2006 if the adopted child is
hospitalised, the period of leave or additional leave may be postponed, provided that the employer
agrees.
3.9.1 Before the Adoption
Adopting parents are entitled to paid time off work to attend preparation classes and pre-adoption
meetings with social workers or Health Service Executive (HSE) officials required during the
preadoption process.
3.9.2 During the Leave
All employment rights other than remuneration are preserved during the 24-weeks adoptive leave.
Employment rights during the 16-weeks additional adoptive leave will be frozen, i.e. the period of
employment before the leave will be regarded as continuous with the period of employment following
the leave. The employee has the right to return to work after the adoptive leave and additional leave.
An employee must give 4 weeks written notification to the employer before the end of the leave.
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