S.L. 452.111 Art. 3Adoption leave. Cap. 318.

(1) An employee who is the parent of an adopted child shall be entitled to an uninterrupted period of eighteen weeks adoption leave whenever a child is adopted and such leave shall commence on the date when the child passes into the care and custody of the adoptive parent or parents by means of a judgment of a court of law in the country of origin: Provided that if the employee is on any other leave contemplated in the Act or in the orders or regulations issued thereunder, adoption leave shall be postponed until that other leave expires.

(2) Subject to sub-article (3), an employee on adoption leave shall be entitled to the first fourteen weeks of adoption leave with full wages but if the employee chooses to avail himself of any additional adoption leave beyond the fourteen weeks, the employer shall not be obliged to pay any wages for those weeks of adoption leave which go beyond the aforementioned fourteen weeks, without prejudice to any relevant benefit in respect of any period of adoption leave which goes beyond fourteen weeks in terms of the Social Security Act to which the employee may be entitled if he chooses to avail himself of adoption leave beyond the paid fourteen weeks.

(3) Adoption leave shall:

(a) in the case of a single parent, be enjoyed by that parent;

(b) in the case of more than one parent:

(i) if only one parent is in employment on the date of adoption of the child, be enjoyed by that parent;

(ii) if both parents are in employment, whether with different employers or with the same employer, on the date of adoption of the child, each parent shall be entitled to such part of the adoption leave as referred to in sub-article (2) as they may agree in writing.

(4) It shall be the responsibility of the employee requesting adoption leave, where there is more than one adoptive parent, to provide proof to the employer that:

(a) the other parent of the adoptive child is not in employment; or

(b) there is an agreement between the parents which stipulates what part of the adoption leave is to be enjoyed by one parent and what part of the adoption leave is to be enjoyed by the other parent.