Section 28 Parental absenceI1

England and Wales

(1)

This section applies to a member of a local authority who satisfies prescribed conditions as to—

(a)

having responsibility for a child, or

(b)

expecting to have responsibility for a child.

(2)

The member is entitled to a period of absence (“parental absence”) for the purpose of caring for the child.

(3)

Regulations must include provision for determining—

(a)

the extent of a member's entitlement to parental absence in respect of a child;

(b)

when parental absence may be taken.

F1(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Provision under subsection (3)(b) may (amongst other things) refer to—

(a)

a child's age, or

(b)

a prescribed period of time starting from a prescribed event.

(6)

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

(a)

bring a period of parental absence to an end, or

(b)

cancel a period of parental absence.

(7)

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;

(b)

require parental absence to be taken as a single period of absence in all cases or in prescribed cases;

(c)

require parental absence to be taken as a series of periods of absence in all cases or in prescribed cases;

(d)

require all or prescribed parts of a period of parental absence to be taken at or by prescribed times;

(e)

allow a member to choose, subject to prescribed restrictions, the date on which a period of parental absence starts;

(f)

make provision about the postponement by a local authority of a period of parental absence which a member wishes to take;

(g)

prescribe a minimum or maximum period of absence which may be taken as part of a period of parental absence;

(h)

prescribe a maximum aggregate of periods of parental absence which may be taken during a prescribed period of time.

Annotations

Textual amendments

F1: S. 28(4) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 61(6), 175(1)(d)

Commencement

I1: S. 28 in force at 30.4.2012 by S.I. 2012/1187, art. 2(1)(c)