• 2 min read

Employment Alert - Neonatal Care (Leave and Pay) Act 2023

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What’s happening?

Following the passing of the Neonatal Care (Leave and Pay) Act 2023, the government has now confirmed that the new rights for parents whose babies require neonatal care will come into force on 6 April 2025, and draft Regulations have been published. 

Neonatal Care is defined as care of a medical or palliative kind within the first 28 days of the child’s birth. Neonatal care leave is intended to support employees who have a parental or other personal relationship to a baby that is receiving neonatal care.

From day one of employment, parents of newborn babies (i.e. within the first 28 days after birth) who are admitted into hospital will have the right to neonatal care leave if the baby is in hospital for a continuous period of 7 days or more. The maximum amount of leave available is 12 weeks and must be used within 68 weeks of the birth. The minimum amount of leave that can be taken is 1 week.

Statutory neonatal care pay will also be available to those employees that have 26 weeks’ continuous service and earnings above the lower earnings limit.

Employees will need to give notice to their employer and confirm when they intend to take the neonatal care leave. The draft Regulations contain details of these notice requirements, which are relatively complex. However, the employer and employee are permitted to mutually agree to waive the notice requirements. 

Why is this important?

These new rights will allow parents to spend time with their baby while they are receiving medical care in addition to any other type of family related leave they may wish to take. This will mean that in some situations, an employee could be off work for up to 15 months, so employers will need to ensure that sufficient measures are put in place during this period.

What should you do?

  • Notice: As the notice requirements are not straightforward, employers should be as supportive as possible when it comes to assisting their employees through this process. Employers will need to have a clear policy in place and ensure that their Managers and HR are sufficiently trained.
  • Data Privacy: Details about the baby’s medical health amount to sensitive personal data under GDPR. It is therefore crucial that the employee’s wishes must be respected when it comes to what information can be shared with colleagues.
  • Enhanced Contractual Neonatal Care Pay: Some employers have confirmed that they have already implemented neonatal care leave and pay into their policies. Employers will also be able to offer their employees enhanced neonatal care pay if they so wish.

Advice: If you require advice or policy on Neonatal Care Leave and Pay then please contact [email protected] who will put you in touch with someone from our Employment Team.

Disclaimer

This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.

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