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PART 2 WFAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES

25Newborn absenceW

(1)This section applies to a member of a local authority who satisfies prescribed conditions—

(a)as to relationship with a newborn, or expected, child, and

(b)as to relationship with the child's mother.

(2)The member is entitled to a period of absence (“newborn absence”) for the purpose of—

(a)caring for the child, or

(b)supporting the mother.

(3)Regulations must include provision for determining—

(a)the extent of a member's entitlement to newborn absence in respect of a child;

(b)when newborn absence may be taken.

(4)Regulations must not provide for a period of newborn absence in respect of a child to exceed two weeks.

(5)Regulations must require newborn absence to be taken before the end of a prescribed period.

(6)That period must be a period of at least 56 days beginning with the date of the child's birth.

(7)Regulations may prescribe circumstances in which a member of a local authority, or the local authority, may—

(a)bring a period of newborn absence to an end, or

(b)cancel a period of newborn absence.

(8)Regulations may—

(a)(for the purpose of subsection (2)) prescribe things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child's mother;

(b)allow a member to choose, subject to prescribed restrictions, the date on which a period of newborn absence starts;

(c)make provision excluding an entitlement to newborn absence in respect of a child where more than one child is born as a result of the same pregnancy;

(d)make provision about how newborn absence may be taken.

(9)Where more than one child is born as a result of the same pregnancy, the reference in subsection (6) to the date of the child's birth is to be read as a reference to the date of birth of the first child born as a result of the pregnancy.

(10)In this section—

Commencement Information

I1S. 25 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(c)