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Adoptive Leave Act, 1995 (No. 2)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-5)1. Short title and commencement.2. Interpretation.3. Orders and regulations.4. Voidance or modification of certain provisions in agreements.5. Expenses.Part II Adoptive Leave (ss. 6-14)6. Entitlement of employed adopting mother (or sole male adopter) to minimum period of adoptive leave.6A. Restrictions on entitlement to adoptive leave7. Notification of employer.8. Entitlement of employed adopting mother (or sole male adopter) to additional adoptive leave.9. Entitlement of adopting father to adoptive leave in certain circumstances.10. Entitlement of adopting father to additional adoptive leave in certain circumstances.11. Entitlement of adopting father to additional adoptive leave before day of placement in certain circumstances.11A. Time off to attend certain pre-adoption classes and meetings.11B. Termination of additional adoptive leave on sickness of adopting parent.11C. Postponement of leave on hospitalisation of child.11D. Absence from work owing to sickness while leave postponed.12. Placements of less than fourteen weeks duration.13. Certificate of placement to be issued.14. Evidence as to certificate of placement.Part III Provisions Relating to Employment Contracts (ss. 15-21)15. Preservation or suspension of certain rights, etc., while on adoptive leave.16. Voidance of certain purported terminations of employment, etc.17. Extension of certain notices of termination of employment and certain suspensions.18. General right to return to work after adoptive leave or additional adoptive leave.19. Right to suitable alternative employment in certain circumstances on return to work.20. Notification of intention to return to work.21. Postponement of return to work.Part IV Amendment or Application of Other Enactments (ss. 22-30)Unfair Dismissals Act, 1977 (ss. 22-26)22. Amendment of section 1 of Act of 1977.23. Amendment of section 2(2) of Act of 1977.24. Amendment of section 6(2) of Act of 1977.25. Amendment of section 6 of Act of 1977.26. Adopting parent not permitted to return to work.Redundancy Payments Act, 1967 (ss. 27-29)27. Amendment of section 2 of Act of 1967.28. Amendment of Schedule 3 to Redundancy Payments Act 1967.29. Adopting parent not permitted to return to work.Minimum Notice and Terms of Employment Act, 1973 (s. 30)30. Adopting parent not permitted to return to work.Part V Disputes Relating to Entitlement (ss. 31-40)31. Definition.32. Disputes regarding entitlement under this Act.33. Decision under section 41 or 44 of Workplace Relations Act 2015.34. Referral of disputes to rights commissioner.35. Appeal from decision of rights commissioner.36. Appeal to High Court on point of law.37. Service of documents.38. Provisions relating to winding up and bankruptcy.39. Enforcement of decision of rights commissioner and determination of Tribunal.40. Extension of Protection of Employees (Employers' Insolvency) Act, 1984.Part VI Miscellaneous and Transitional Provisions (ss. 41-45)41. Alternative notification procedure.42. Right to adoptive leave where child placed before commencement of Act.43. Right to additional adoptive leave where child placed before commencement of Act.44. Notification of intention to return to work in respect of leave taken under sections 42 and 43.45. Revocation.
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AI Summary of 4. Voidance or modification of certain provisions in agreements.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 April 2021 - onwards
Version 3 of 3

4. Voidance or modification of certain provisions in agreements.

(1) In this section "agreement" means an agreement, whether a contract of employment or not, and whether made before or after the commencement of this Act.

(2) A provision in an agreement shall be void in so far as it purports to exclude or limit the application of any provision of this Act or is inconsistent with any provision of this Act.

(3) A provision in an agreement which is or becomes less favourable in relation to an adopting parent than a similar or corresponding entitlement conferred on the adopting parent by this Act shall be deemed to be so modified as to be not less favourable to the adopting parent.

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