ASTI - Ireland's main second level teachers union

Eligibility for Adoptive Leave

The Scheme of Adoptive Leave for Teachers applies to all female teachers and all male teachers who are sole adopters.   Where a woman / male sole adopter has been appointed for a fixed term and her / his employment would have been terminated on expiry of that term had she / he not been on adoptive leave, the period of adoptive leave shall not extend beyond the day on which the employment expires.  The granting or taking of adoptive leave or additional adoptive leave should not affect the day of termination of a fixed term appointment, neither should it affect the issue of renewing the appointment should that arise. 

Application Forms

Teachers should ensure that they get the relevant application forms from for both the Department of Education and Science (Form AL 1: see Department circular 0084/2008) and the Department of Social and Family Affairs (AB 1 Form) from either their Principal or the relevant government Department and that they are returned at least six weeks prior to the commencement of the adoptive leave to ensure that payments are made on time.  The forms are also available on the relevant government websites at www.education.ie and www.welfare.ie

Claiming Adoptive Benefit

From the 1st January, 2009 teachers paying Class A PRSI must complete Part 2 "Payment Details" of the Department of Social and Family Affairs AB 1 application form -  teachers no longer sign the authorisation for the Department of Social and Family Affairs to pay the benefit directly to the employer (see Department circular 0052/2009).  The completed AB 1 form should be forwarded to the Adoptive Benefit Section, Social Welfare Services Office, St Oliver Plunkett Road, Letterkenny, Co Donegal (phone: LoCall 1890 690 690).  The adoptive benefit payment will then be paid directly to the teacher's bank account.  Salary payable from the Department of Education and Science during the period of paid maternity leave will be reduced by the amount of maternity benefit payable.  The current rate per week for maternity benefit is €280.  The Department of Education and Science will therefore deduct €560 per fortnight from the teacher's salary.  It is important that all application forms (ML1 and AB 1) are submitted in time, i.e. 6 weeks prior to commencement of leave if possible, in order to facilitate timely deductions from salary and to avoid an accumulation of deduction arrears. 

Non-Permanent Teachers

Non-Permanent teachers may be entitled to adoptive benefit from the Department of Social and Family Affairs. The weekly rate of adoptive benefit is calculated by dividing your gross income in the Relevant Tax Year by the number of weeks you actually worked in that year.  The rate of Adoptive Benefit is 80% of this amount, subject to a minimum payment of €230.30 and a maximum payment of €280.00 per week. These rates are effective from 1st January, 2009.  For claims made in 2009 the relevant tax year is 20076.
To qualify for Adoptive Benefit, you must satisfy one of the following PRSI contribution conditions. You must have:

at least 39 weeks PRSI* paid contributions in the 12 month period before the date of placement of your child,
or
at least 39 weeks PRSI* paid contributions since first starting work and at least 39 weeks PRSI paid or credited contributions in the relevant tax year or in the year following the relevant tax year,
or
at least 26 weeks PRSI* paid contributions in the relevant tax year and at least 26 weeks PRSI* paid contributions in the tax year prior to the relevant tax year.

*Only PRSI Classes A, E and H count.

Relevant Income Tax Year

The relevant income tax year is the second last complete income tax year before the year in which the adoptive leave begins. For example, for claims that start in 2009, the relevant income tax year is 2007; for claims made in 2010 the relevant income tax year in 2008. 

Notification Procedures

• Notify the Board of Management / Manager in writing as soon as is reasonably practicable, but no later than six weeks before expected date of placement, of intention to take leave.
• Notify Board of Management / Manager of expected date of placement.
• Supply Board of Management / Manager with certificate of placement or other appropriate documentation no later than four weeks after date of placement.
• Complete Adoptive Leave application form (available from Principal or the Department of Education and Science).
• Complete Department of Social and Family Affairs benefit claim form (available from Principal, Department of Education and Science or the Department of Social and Family Affairs).

Delayed Placement of Child

A teacher is permitted to postpone commencement of adoptive leave.  To do so she / he must inform the Board of Management / Manager of revised date as soon as is practical.

Additional Adoptive Leave

At the end of the paid adoptive leave a teacher will have the option of taking
(a) up to 16 consecutive weeks additional unpaid adoptive leave, or
(b) non-statutory leave of absence, without pay, to the end of the school year (31st August), subject to the discretion of the managerial authority concerned.

In the event of the illness of the adopting mother / male sole adopter the employer may agree to terminate unpaid additional adoptive leave thereby allowing her / him to transfer on to paid sick leave.

Leave Overlapping with Holidays

Where paid adoptive leave overlaps with school holidays a teacher will be entitled to leave in lieu with pay for the holiday days overlapped, subject to a maximum of 27 days. The overlapped days for which the teacher will be entitled to leave in lieu are general school holiday days (e.g. mid-term breaks, summer holidays, etc), including public and church holidays (where applicable) and other school closings, except that any day that counts towards the number of days of school operation is excluded. Examples of days that would be excluded are days during the periods of the Department of Education and Science Certificate Examinations (12 school days) and days on which schools are closed in exceptional circumstances such as closures where schools are being used for polling purposes during an election.

Leave in lieu of overlapped adoptive leave as set out above will be taken by the teacher so as to follow on immediately from the end of the period of statutory unpaid adoptive leave, or from the end of the school holiday period concerned, if the adoptive leave expires within such holiday period.

Calculating your adoptive Leave

1. Adoptive leave must commence from the date of placement of the child.  Section 1 of the Principal Act defines “day of placement” as

(a)  the day on which the child is placed physically in the care of the adopting parent with a view to the making of an adoption order, or
(b)  the day on which the child is placed physically in the care of the adopting parent with a view to the effecting of a foreign adoption, or
(c)  in the case of a foreign adoption, where the child has not previously been placed in the care of the adopting parent, the day on which the child has been so placed following the adoption.

Count 24 weeks from the date of commencment.

2. You may then add on up to 16 consecutive weeks of additional unpaid leave.

Foreign adotions:  Where a period of additional leave is required before the day of placement, for the purposes of familiarisation with the child who is to be adopted, some or all of the additional unpaid leave may be taken before the day of placment.

3. Calculate how many days of your paid adoptive leave overlap with days on which your school is closed for holidays. (Note: Your school is open during the first twelve school days of the Department Certificate Examinations and this period cannot be counted as holidays).

4. Add these overlapped days, up to a maximum of 27, on to the end of your adoptive leave (or to the end of your statutory unpaid leave if you decide to take all or any of your 16 week entitlement) or onto the end of the school holiday period if adoptive leave expires during a holiday period. e.g. if 15 days of your adoptive leave overlap with 15 days of your summer holidays you are entitled to leave for the first 15 open school days after your adoptive leave ends. 

5. Calculate the number of days the school was closed due to the occurrence of Bank Holidays during the period of statutory unpaid maternity leave and add these to the end of your days in lieu. 

6. You may apply to take unpaid leave of absence to the end of the school year (31st August).

Adoptive Leave must be taken in the following sequence:

• Paid adoptive leave (24 weeks)
• Statutory unpaid adoptive leave (up to 16 weeks)
• Days in lieu (up to 27 days)
• Days in lieu of Bank Holidays in respect of statutory unpaid adoptive leave
• Unpaid leave to the end of the school year (31st August).

Pre-Adoption Meetings

Adopting parents are entitled to paid time off work to attend preparation classes and pre-adoption meetings with social workers / HSE officials required during the pre-adoption process.

Foreign Adoptions

In the case of a foreigh adoption the teacher must give the school a copy of the declaration of eligiblity and suitablity (issued pursuant to the Adopting Act, 1991) before the commencment of leave or additioanl leave (whichever is earlier).  Particulars of the placement must be furnished as soon as is reasonably practicable thereafter. 

Where the adopting teacher may require a period of additional adoptive leave before the date of placement for the purposes of familiarisation with the child who is to be adopted, some, or all, of the additional 16 weeks unpaid adoptive leave may be taken before the placement of the child.

The option of applying for some, or all, of a teacher's five personal leave days is also available.  Discretion lies with the school managerial authority as to whether or not a teacher may avail of these five personal leave days.

Paternity Leave

Teachers are entitled to three days’ paternity leave with subsitution cover.  This leave must be taken within four weeks of the placement of the child.