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The Family Absence for Members of Local Authorities (Wales) Regulations 2013

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PART 1Maternity absence

Prescribed conditions

3.  For the purposes of section 24(1) of the Measure, the prescribed conditions are that—

(a)no later than the end of 15 weeks before the expected week of childbirth, or, if that is not reasonably practicable, as soon as is reasonably practicable, the member has given written notice to the head of democratic services of—

(i)that member’s pregnancy;

(ii)the expected week of childbirth;

(iii)the date on which the member intends the maternity absence to start; and

(iv)the duration of the period of maternity absence the member intends to take, if less than 26 weeks;

(b)the member has, if requested to do so by the head of democratic services, provided the head of democratic services with a certificate from a registered medical practitioner or a registered midwife stating the expected week of childbirth;

(c)where the member wishes to vary the start of the maternity absence which has been specified under paragraph (a)(iii), the member has given the head of democratic services written notice of the new start date at least one week before the date specified under paragraph (a)(iii), or at least one week before the new date, whichever is the earlier, or, if that is not reasonably practicable, as soon as is reasonably practicable; and

(d)where the member wishes to vary the duration of the maternity absence, the member has given the head of democratic services written notice of the new duration at least one week before the expected end of the period of absence in accordance with the duration specified under paragraph (a)(iv), or at least one week before the new intended end of the period of absence, whichever is the earlier, or if that is not reasonably practicable, as soon as is reasonably practicable.

Period of maternity absence

4.  The period of maternity absence is 26 weeks, unless the member gives written notice under regulation 3(a)(iv), (d) or 7 that the period of maternity absence will be shorter than 26 weeks.

When maternity absence may be taken

5.  Maternity absence may only be taken so as to begin during the period—

(a)beginning at the start of the eleventh week before the expected week of childbirth; and

(b)ending on the day after the day on which childbirth occurs.

Member to choose start date of maternity absence

6.—(1) Subject to paragraphs (2) and (3) and regulation 5, a member may choose the date on which their maternity absence is to start.

(2) Where, during the four week period before the start of the expected week of childbirth, a member is absent from a meeting of the authority for a reason wholly or partly attributable to pregnancy, the period of maternity absence starts on the day after the meeting from which the member is absent.

(3) Where a member’s maternity absence has not started in accordance with the date notified by a member under regulation 3(a)(iii) when childbirth occurs, that member’s maternity absence starts on the day after the day on which childbirth occurs.

(4) Regulations 3(a)(ii), (iii) and (b) do not apply in respect of a member whose absence starts by virtue of paragraph (3).

Bringing a period of maternity absence to an end

7.  A member may bring a period of maternity absence to an end earlier than the end of the period set out in regulation 4, which was notified under regulation 3(a)(iv) or varied under regulation 3(d) by notifying the head of democratic services in writing of their intention to do so at least 7 days before their return.

Cancelling maternity absence

8.  The circumstances in which a member may cancel a period of maternity absence are that—

(a)the period of maternity absence has not yet started; and

(b)the member has notified the head of democratic services in writing of their intention to cancel the absence.

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