.png)
From the 6 April 2025, the Neonatal Care (Leave and Pay) Act 2023 will be introduced to provide working parents with more protection where their babies require specialist neonatal care after birth. The government anticipates that the new law will benefit around 60,000 new parents.
What does this Act do?
Until now there has been no specific statutory right to leave or pay for employees if their babies requires specialist neonatal care after birth. Instead, parents have relied on existing statutory leave entitlements or their employers' discretion to take additional leave and in some cases, they have returned to work while their babies remain in hospital. It was recognised that the current position was unsatisfactory; families in this situation need more support and certainty so that they can focus on the needs and wellbeing of their babies.
What does this Act mean for employees?
In summary, the Act makes provision for both leave and pay as follows:
Parents will be allowed up to 12 weeks’ paid leave from work, in addition to any other leave entitlements they may have, such as paternity or maternity leave.
Leave will be available to both parents of babies admitted into hospital for neonatal care up to the age of 28 days, and who have been in hospital continuously for 7 full days or more.
Leave is a right from their first day of employment; no qualifying period of employment is required.
The leave can be taken in blocks of one week and must be taken in the first 68 weeks of the baby’s birth.
Mirroring the maternity pay entitlement, parents will also gain the right to receive pay. However, this entitlement requires 26 weeks’ service beforehand, and earnings on average of at least £123.00 a week.
How do employers need to prepare?
There are lots of things for employers to consider in advance of the new law:
Employers need to prepare for their employees to be away from work for longer periods of time, particularly if they take neonatal leave immediately after maternity/paternity leave.
Employers will need to budget for leave pay, paying overtime to colleagues who may provide extra support or the cost of hiring temporary staff.
Clear processes for requesting and managing neonatal care leave will need to be published. A review of current family related policies and procedures should also be undertaken to ensure that all policies and procedures are aligned.
Training for managers and the HR team should be undertaken to ensure that the new rights, which go further than leave and pay, are understood and requests for leave can then be dealt with appropriately. The aim should be to ensure employees are properly supported.
While it has been recognised for some time that the current law is inadequate and it has been noted that the new law may not go far enough, we understand that some businesses are likely to find these additional duties concerning from a costs and resourcing perspective, particularly when they are going to have to get to grips with an increase in the National Minimum Wage and National Insurance contributions this year.
How can FG Solicitors help your business?
Whether it is undertaking an impact assessment on how these changes might affect your business, providing training about the new law, creating a new policy or revamping existing policies, FG Solicitors is here to help you understand, prepare for and adapt to the incoming responsibilities and rights.
Want to understand the new law? Want to have the right policy in place?
Contact FG Solicitors today on 0808 172 93 22 or complete our quick contact form for a no obligation discussion!
Welcome to a more confident future!
Don’t miss our latest updates! Follow us on LinkedIn.
This update is for general guidance only and advice should be taken in relation to a particular set of circumstances.
Comments