Local Government (Wales) Measure 2011

25 Newborn 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.