LEAVE FOR ADOPTION

» Concept

Justified absence from work for adoption of a child under the age of 15 years old

» Personal scope

The public employee applicant for adopter

» Regime

» Duration of 120 or of 150 consecutive days, that commences as from the judicial or administrative trust

» However, when the administrative trust consists of the confirmation of the permanence of the under age child in charge of the adopter, this one is entitled to a leave for the remaining period provided that the date on which the under age child was de facto in charge of him/her has occurred before the term of the leave for adoption

» If there is sharing of the enjoyment of leave, in which each adopter enjoys exclusively, 30 days or two periods of 15 days, consecutives in both cases, 30 days may be added to those periods

» In the case of multiple adoptions, 30 days for each adoption besides the first one are added to the total leave period

» In the case of incapacity or death of the applicant for adopter during the leave, the surviving spouse, who is not applicant for adopter and with whom the foster child lives in the same household, is entitled to the leave corresponding to the period not enjoyed that, in any case, shall not have a duration lower than 14 days

» Possibility of suspension of the leave in the case of hospitalization of the foster child or of the applicant for adopter that was enjoying the leave

» Formalities

» Information, with 10 days in advance to the public employer or in the case of proven urgency, as quickly as possible

» In the case of shared leave indication, still, of the commencement and term of periods to be enjoyed for each one of the adopters, delivering joint declaration of the proof of the judicial or administrative trust of the foster child and his/her age for this purpose

» Effects

» Loss of pay

» Suspends the enjoyment of holidays and the remaining days shall be enjoyed after its term, even if such fact occurs in the subsequent year

» Does not affect the time already elapsed of internship or training course, and the public employee shall comply with only the missing period

» Postpones the carrying out of tests, when necessary, for the professional career development

» Is suspended owing to public employee’s sickness, if this one inform the employer and submit medical certificate attesting it and continues shortly after the termination of this impediment

» It may not be suspended due to public employer’s convenience

» Does not affect the right of the public employee to accede to periodical information issued by the employer for the set of public employees

» Ends with termination of the situation that gave rise to the respective leave

» At the term of the leave the public employee is entitled to resume activity