As part of a reform by the Labour government in upgrading workers’ rights, a new right for workers to take time off work for neonatal care was implemented on 6 April. Known as The Neonatal Care (Leave and Pay) Act 2023, it was first introduced by the previous Conservative government.
Regulations have been published, setting out the new rights under the Neonatal Care (Leave and Pay) Act 2023. The government has stated that this measure is expected to benefit around 60,000 new parents.
The regulations that provide for the right to take neonatal care leave apply to children born on or after 6 April 2025 and who are admitted to neonatal care within 28 days of birth, or placement for adoptions, and stay more than seven continuous days.
The right applies from day one of employment and provides for up to 12 weeks of leave. Parents who have more than 26 weeks of service and who provide the appropriate notice are entitled to statutory pay for up to 12 weeks. In order to qualify for statutory pay, the employee’s earnings must also match the lower earnings limit, which from April will be £125 per week, averaged over the eight weeks before the relevant date.
Leave must be taken within 68 weeks of birth and can be taken while the child is still receiving neonatal care, although not starting before the second week of neonatal care, or after other family leave has been taken. The regulations extend protections against redundancy, detriment, and dismissal to mirror the other protections provided to employees on family-related leave.
Employers should update policies to set out this new right, if they have not already done so. They may also wish to provide a simpler method for the employee to provide notice of their intention to take this leave. The provisions in the act to provide notice are complex and vary depending on when the leave is taken, either a Tier One or Tier Two period. This may be difficult for employees to navigate at a time when family life will be challenging.
Any new policy should be notified to employees with an explanation of what the entitlements are including any notice requirements. Managers should be equipped with information in order to support employees during these difficult circumstances.
Chloe Leyland is an employment partner at Gunner Cooke
