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

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PART 5Parental absence

Prescribed conditions

26.  For the purposes of section 28(1) of the Measure, the prescribed conditions are that the member—

(a)could not satisfy the prescribed conditions under Parts 2 to 4 of these Regulations;

(b)has, or expects to have, responsibility for the care of a child;

(c)provides the head of democratic services with written notice of—

(i)their intention to take parental absence;

(ii)the date on which the member intends the parental absence to start;

(iii)the duration of the intended parental absence; and

(iv)whether the absence is intended to be taken as a single period or as a series of absences;

(d)if requested to do so by the head of democratic services, provides the head of democratic services with evidence in relation to the extent of the responsibility for the child; and

(e)where the parental absence is to be taken as a series of absences, gives the head of democratic services advance written notice of the intended start date and duration of each period of parental absence.

Extent of entitlement to parental absence

27.—(1) A member’s entitlement to parental absence is three months.

(2) Parental absence may be taken as a series of periods of absence or as a single period.

When parental absence may be taken

28.  Parental absence may only be taken during the period—

(a)beginning with the date that the member assumes responsibility for the care of a child under the age of 14; and

(b)ending one year after that.

Bringing a period of parental absence to an end

29.  A member may bring any period of parental absence to an end earlier than that notified under regulation 26(c)(iii) by notifying the head of democratic services in writing of their intention to bring the period of parental absence to an end.

Cancelling a period of parental absence

30.  The circumstances in which a member may cancel a period of parental absence are that—

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

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

Member to choose start dates of parental absence

31.  Provided the date falls within the period prescribed by regulation 28, a member may choose the date on which any period of parental absence is to start.

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