The Neonatal Care (Leave and Pay) Act, passed in 2023, is set to come into effect on 6 April 2025, providing vital support for parents of newborns requiring extended hospital care following birth.
This new neonatal care leave legislation grants additional time off as a day-one right, and employers should be ready to implement these changes.
Neonatal Leave Entitlement and Eligibility
Currently, many working families face the difficult decision of returning to work while their newborn remains in hospital. These new neonatal leave and pay measures aim to address these difficulties and support parents while their baby is receiving neonatal care.
From April 2025, parents – including biological, adoptive, surrogate, and partners who will have responsibility for the child’s upbringing – will be entitled to neonatal care leave if their baby is receiving neonatal care in hospital for a continuous period of at least one full week within the first 28 days after birth.
Eligible parents will be able to take up to 12 weeks of neonatal care leave, in addition to any other leave they are entitled to, including maternity and paternity leave. This leave must be taken within 68 weeks of the child’s birth. Statutory neonatal care pay of £123 per week will be available for parents who have 26 weeks’ service and earn more than the national insurance lower earnings limit.
A Tiered Approach to Neonatal Care Leave
The Act introduces a two-tiered approach. Parents can take neonatal leave without prior notice while their baby is receiving neonatal care or within a week of discharge, informing their employer at the start of each leave week, with the option to take non-consecutive weeks. For neonatal care leave beyond this period, stricter notice rules apply – 15 days for a single week or 28 days for two or more – and the leave must be taken in consecutive weeks.
Employment Protections for Parents
Employees taking neonatal care leave will retain their contractual rights (excluding pay), and will be protected from dismissal or unfair treatment due to taking neonatal leave. Enhanced redundancy protections will also apply, ensuring that if an employee is made redundant while on neonatal care leave, they must be offered a suitable alternative position where available.
This Act comes alongside the proposed Employment Rights Bill and is part of the government’s stated commitment to support families and protect the incomes of working people.
Read our article on the key provisions of the Employment Rights Bill for more information.
If these changes affect you and you need advice on your neonatal leave and pay rights as an employee, our expert employment team is here to assist you. Please contact us with any enquiries.
Support for Employers: Adapting to the New Neonatal Leave Law
With this new law coming into effect, employers should review and update their policies to accommodate the Neonatal Care Leave provisions. Embracing these changes will not only ensure compliance but also demonstrate a commitment to creating a supportive, family-friendly workplace.
If your company needs help implementing these changes, our expert employment team is here to assist. For more information, please contact us.
