Legalize / Ireland / Act

Family Leave and Miscellaneous Provisions Act 2021

Type Act

Publication 2021-03-27

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Family Leave and Miscellaneous Provisions Act 2021.

(2) This Act, other than Parts 4 and 9, shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(3) Part 4 shall come into operation on such day or days as the Minister for Social Protection may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(4) Part 9 shall come into operation on such day or days as the Minister for Justice may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Definition

2. In this Act, “Minister” means the Minister for Children, Equality, Disability, Integration and Youth.

3. Repeal

3. Section 177 of the Children and Family Relationships Act 2015 is repealed.

PART 2 Amendment of Adoptive Leave Act 1995

4. Definition

4. In this Part, “Act of 1995” means the Adoptive Leave Act 1995.

5. Amendment of section 2 of Act of 1995

5. Section 2(1) of the Act of 1995 is amended—

(a) by the insertion of the following definitions:

“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ shall be construed in accordance with section 3 of the Act of 2010;

‘cohabitant’ shall be construed in accordance with section 172(1) of the Act of 2010;

‘cohabiting couple’ has the same meaning as it has in the Adoption Act 2010;

‘couple’, in relation to the definition of ‘qualifying adopter’, means a married couple, a couple who are civil partners of each other or a cohabiting couple;

‘qualifying adopter’ means—

(a) where a child is placed, or is to be placed, in the care of a couple (of whom neither is the mother or father of the child), with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, the member of the couple who is—

(i) an employee, and

(ii) chosen by the couple to be the qualifying adopter for the purposes of this Act,

(b) in any other case, an employee, who is not a surviving parent in relation to the child, in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;

‘surviving parent’ means an employee in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, where his or her spouse, civil partner or cohabitant, as the case may be, was the qualifying adopter in relation to the child and the qualifying adopter concerned has died;”,

(b) in the definition of “adopting parent”, by the substitution of “qualifying adopter or surviving parent” for “employed adopting mother, adopting father or sole male adopter”, and

(c) in the definition of “Minister”, by the substitution of “Minister for Children, Equality, Disability, Integration and Youth;” for “Minister for Justice, Equality and Law Reform;”.

6. Amendment of section 6 of Act of 1995

6. Section 6 of the Act of 1995 is amended, other than as provided for by section 7, by the insertion of the following subsection after subsection (3):

“(4) A person may not avail of adoptive leave (within the meaning of subsection (1)) under this Act where the person avails of paternity leave under the Paternity Leave and Benefit Act 2016.”.

7. Miscellaneous amendments of Act of 1995

7. The provisions of the Act of 1995 referred to in column (2) of the Schedule are amended in the manner referred to in column (3) of the Schedule opposite the reference in column (2) to the provision concerned.

PART 3 Amendment of Parental Leave Act 1998

8. Amendment of section 6 of Parental Leave Act 1998

8. Section 6(9) of the Parental Leave Act 1998 is amended by the substitution of the following definition for the definition of “adopting parent”:

“ ‘adopting parent’ means a qualifying adopter or a surviving parent within the meaning of the definitions of ‘qualifying adopter’ and ‘surviving parent’ in section 2(1) (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021) of the Adoptive Leave Act 1995 but as if, in both of those definitions, ‘or is to be placed’ were omitted in each place where it occurs;”.

PART 4 Amendments of Social Welfare Acts

9. Definition

9. In this Part, “Act of 2005” means the Social Welfare Consolidation Act 2005.

10. Amendment of section 58 of Act of 2005

10. Section 58 of the Act of 2005 is amended—

(a) in subsection (1)—

(i) by the substitution of the following definition for the definition of “adopting parent”:

“ ‘adopting parent’ means—

(a) a qualifying adopter, or

(b) a surviving parent;”,

and

(ii) by the insertion of the following definitions:

“ ‘qualifying adopter’—

(a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Adoptive Leave Act 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), or

(b) in the case of a person in insurable self-employment means—

(i) in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the qualifying adopter for the purposes of this Act, and in whose care the child (of whom neither the qualifying adopter nor his or her spouse, civil partner or cohabitant, as the case may be, is the mother or father) has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption, or

(ii) in any other case, a person who is not a surviving parent in whose care a child has been placed or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption;

‘surviving parent’—

(b) in the case of a person in insurable self-employment means a person who was the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter where the qualifying adopter concerned has died;”,

and

(b) in subsection (4)—

(i) in paragraph (b)(i), by the substitution of “a qualifying adopter within the meaning of paragraph (b) of that definition” for “an adopting parent within the meaning of subsection (1)(b)(i) or (iii)”, and

(ii) in paragraph (b)(ii)—

(I) by the substitution of “a surviving parent within the meaning of paragraph (b) of that definition” for “an adopting parent within the meaning of subsection (1)(b)(ii), where the adopting mother dies”, and

(II) in clause (II) by the substitution of “date of death of the qualifying adopter” for “date of her death”.

11. Amendment of section 60 of Act of 2005

11. Section 60 of the Act of 2005 is amended, in subsection (1)(b)(i), by the substitution of “which the person would otherwise receive if he or she was entitled to that benefit” for “which the woman would otherwise receive if she was entitled to that benefit”.

12. Amendment of section 61A of Act of 2005

12. Section 61A of the Act of 2005 is amended in subsection (1)—

(a) by the insertion of the following definition:

“ ‘qualifying adopter’—

(a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 1995, or

(b) in the case of a person in insurable self-employment means—

(b) in paragraph (b) of the definition of “relevant parent”, by the substitution of the following subparagraph for subparagraph (i):

“(i) in the case of a child who is, or is to be, adopted jointly by a married couple, a couple who are civil partners of each other or a cohabiting couple, the member of the couple concerned, chosen by that couple to be the relevant parent for the purposes of this Chapter, or”,

(c) in paragraph (a) of the definition of “surviving parent”, by the substitution of “the qualifying adopter” for “the relevant adopting parent”, and

(d) by the deletion of the definitions of “adopting mother”, “relevant adopting parent” and “sole male adopter”.

13. Amendment of section 61B of Act of 2005

13. Section 61B of the Act of 2005 is amended—

(a) in subsection (3), by the substitution of “the qualifying adopter” for “the relevant adopting parent”, and

(b) in subsection (7)(c)(i), by the substitution of “the qualifying adopter” for “the relevant adopting parent”.

14. Amendment of section 61F of Act of 2005

14. Section 61F of the Act of 2005 is amended, in subsection (1)—

(a) by the insertion of the following definition:

“ ‘qualifying adopter’—

(a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 1995 (as amended by section 5 of the Family Leave and Miscellaneous Provisions Act 2021), and

(b) in the case of a person in insurable self-employment means—

(b) in paragraph (b) of the definition of “relevant parent”, by the substitution of the following subparagraph for subparagraph (i):

“(i) in the case of a child who is, or is to be, adopted—

(I) where the child is or is to be adopted jointly—

(A) the qualifying adopter of the child, and

(B) the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child chosen by that couple to be the relevant parent for the purposes of this Chapter,

(II) in any other case, the person in whose care the child has been or is to be placed with a view to the making of an adoption order, or to the effecting of a foreign adoption or following any such adoption,

and”,

“(a) in the case of a child who is, or is to be, adopted, where the deceased relevant parent was a member of a couple referred to in paragraph (b)(i)(I) of the definition of relevant parent, the other member of that couple, and”,

and

(d) by the deletion of the definitions of “adopting mother” and “sole male adopter”.

15. Amendment of section 61G of Act of 2005

15. Section 61G of the Act of 2005 is amended—

(a) in subsection (1), by the substitution of “104 weeks” for “52 weeks”,

(b) in subsection (10)—

(i) by the substitution of the following paragraph for paragraph (b):

“(b) in the case of a person in insurable self-employment, being—

(i) a relevant parent referred to in paragraph (b)(i) of the definition of relevant parent, for a continuous period of five consecutive weeks or periods consisting of not less than one week—

(I) beginning on or after the day of placement of the child, and

(II) ending not later than 104 weeks after the day of placement of the child,

(ii) a relevant parent referred to in paragraph (b)(ii) of the definition of relevant parent, for a continuous period of five consecutive weeks or periods consisting of not less than one week—

(I) beginning on or after the date of birth of the child, and

(II) ending not later than 104 weeks after the date of birth of the child,

or”,

and

(ii) in paragraph (c), by the substitution of “5 weeks” for “2 weeks”,

and

PART 5 Amendment of Child and Family Agency Act 2013

16. Definition

16. In this Part, “Act of 2013” means the Child and Family Agency Act 2013.

17. Amendment of section 19 of Act of 2013

17. Section 19(1) of the Act of 2013 is amended by the substitution of “9” for “7”.

18. Amendment of section 22 of Act of 2013

18. Section 22 of the Act of 2013 is amended—

(a) in subsection (4), by the substitution of “6” for “5” in both places that it occurs,

(b) in subsection (6), by the substitution of “5 ordinary members” for “4 ordinary members”, and

PART 6 Amendment of Workplace Relations Act 2015

19. Amendment of section 41 of Workplace Relations Act 2015

19. Section 41(7) of the Workplace Relations Act 2015 is amended—

(a) in paragraph (a), by the substitution of the following subparagraph for subparagraph (ii):

“(ii) in the case of a surviving parent (within the meaning of that Act), the date on which the qualifying adopter (within the meaning of that Act) who was the spouse, civil partner or cohabitant, as the case may be, of the surviving parent died,”,

and

(b) in paragraph (f)(iii), by the substitution of “the qualifying adopter” for “the relevant adopting parent”.

PART 7 Amendment of Paternity Leave and Benefit Act 2016

20. Definition

20. In this Part, “Act of 2016” means the Paternity Leave and Benefit Act 2016.

21. Amendment of section 2 of Act of 2016

21. Section 2(1) of the Act of 2016 is amended—

(a) by the deletion of the following definitions:

(i) “adopting mother”;

(ii) “employed adopting mother”;

(iii) “relevant adopting parent”;

(iv) “sole male adopter”,

(b) by the insertion of the following definition:

“ ‘qualifying adopter’, in relation to a child who is, or is to be adopted, means the qualifying adopter, within the meaning of the Act of 1995 (as amended by the Family Leave and Miscellaneous Provisions Act 2021), of the child and includes, for the purposes of this Act, a person who would be a qualifying adopter but for the fact that he or she is not an employee;”,

(c) in the definition of “day of placement”, by the substitution of “the qualifying adopter” for “the relevant adopting parent” in both places where it occurs,

(d) in the definition of “relevant parent”, by the substitution of the following paragraph for paragraph (a):

“(a) in the case of a child who is, or is to be adopted, the spouse, civil partner or cohabitant, as the case may be, of the qualifying adopter of the child,”,

and

(e) in the definition of “surviving parent”, by the substitution in paragraph (a) of “the qualifying adopter” for “the relevant adopting parent”.

22. Amendment of section 6 of Act of 2016

22. Section 6(1) of the Act of 2016 is amended by the substitution of “the qualifying adopter” for “the relevant adopting parent”.

23. Amendment of section 7 of Act of 2016

23. Section 7 of the Act of 2016 is amended—

(a) in subsection (3)(a)(ii), by the substitution of “the qualifying adopter” for “the employed adopting mother or sole male adopter concerned, as the case may be,”,

(b) in subsection (3)(b)(ii), by the substitution of “the qualifying adopter” for “the employed adopting mother or sole male adopter concerned, as the case may be,”, and

(c) in subsection (4)(a), by the substitution of “the qualifying adopter” for “the adopting mother or sole male adopter concerned, as the case may be.”.

PART 8 Amendment of Parent’s Leave and Benefit Act 2019

24. Definition

24. In this Part, “Act of 2019” means the Parent’s Leave and Benefit Act 2019.

25. Amendment of section 2 of Act of 2019

25. Section 2(1) of the Act of 2019 is amended—

(a) by the deletion of the following definitions:

(i) “adopting father”;

(ii) “adopting mother”;

(iii) “employed adopting mother”;

(iv) “sole male adopter”,

(b) by the insertion of the following definition:

(c) in the definition of “day of placement”, by the substitution of “the relevant parent” for “the relevant adopting parent”,

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.