What is Neonatal Care Leave?
The UK Government has taken a significant step towards supporting working parents with the introduction of Neonatal Care Leave and Pay Regulations.
Around 40,000 babies spend over one week in neonatal care each year, and the Government estimates that around 60,000 parents will be eligible for these new rights.
The Neonatal Care (Leave and Pay) Act 2023 comes into force on 6 April 2025 and will provide eligible employees with the right to take up to 12 weeks’ leave where their child requires 7 (or more) days of continuous neonatal care starting within the first 28 days following their birth. These new measures will ensure that parents of babies requiring this care will be able to take paid leave without fearing for the security of their jobs.
Neonatal Care Leave (NCL) is a new statutory leave entitlement that provides up to 12 weeks of leave and is available as a day-one right, meaning that eligible employees qualify regardless of how long they have worked for their employer.
Until now, there has been limited statutory support, leaving many that find themselves in this situation to rely on unpaid leave or their standard holiday entitlement. These new regulations offer much-needed relief, allowing parents to focus on the needs of their children at a very difficult time.
What is Neonatal Care?
Neonatal Care means:
- Medical care received in a hospital (which includes a maternity home, as well as clinics and outpatient departments).
- Medical care received in any other place following discharge from the hospital (provided that the care is under the direction of a consultant and includes ongoing monitoring by / visits from healthcare professionals arranged by that hospital).
- Palliative or end-of-life care.
Who is eligible for Neonatal Care Leave?
For parents to qualify for NCL, the baby must be admitted to neonatal care within 28 days of birth, the hospital stay must last for 7 continuous days or more, and the parent must be employed.
What pay are parents entitled to under the Act?
Employees with at least 26 weeks of continuous service and average earnings of at least £123 per week are entitled to statutory neonatal care pay, which is paid at the same rate as statutory paternity pay.
What legal protections does the Act afford parents?
Parents that take Neonatal Care Leave will be entitled to return to the same or a suitably alternative role. Employees will also be protected from redundancy during and after the leave as well as protection from unfair dismissal and detriment.
What are the notice requirements?
Employees must tell their employer the date of the baby’s birth, the start and end date of neonatal care (if the end date is known), the date they wish the NCL to begin, how much leave they wish to take, and confirm that they are taking leave for their child.
What action should employers take?
Employers should now take steps to familiarise themselves with the key provisions of the Act, including the leave entitlement (being up to 12 weeks), the eligibility of employees to receive pay for this leave (being employees with 26 weeks of continuous service or more) and understand that these rights are applicable to both mothers and fathers of the baby that is in need of this care.
Employers should prepare and implement clear and considered neonatal care leave policies before April 2025, set up training for managers, and ensure that employees are aware of the support they can claim under these policies.
Ahead of April 2025, employers should also ensure that payroll systems or providers can accommodate neonatal care pay calculations and payments.
How we can help?
Hannah Steenkamp is a Solicitor Apprentice.
If you would like any further information or assistance in preparing your business for the upcoming changes, or if after the implementation of the regulations you feel that your rights have been breached and would like further advice please contact Hannah on 01245 584523 or complete our online enquiry form.