PART 2FAMILY ABSENCE FOR MEMBERS OF LOCAL AUTHORITIES

25Newborn absence

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—

  • “newborn child” (“plentyn newydd-anedig”) includes a child stillborn after 24 weeks of pregnancy;

  • “week” (“wythnos”) means any period of seven days.