Are you ready for the Neonatal Care (Leave and pay) Act 2023?
What is it?
Effective from 6th April 2025, eligible employees are now entitled to take up to 12 weeks of leave and pay to care for a baby receiving neonatal care.
As an employer, what do I need to know?
Neonatal Care is complex but would normally involve medical care given to the baby both in and upon leaving the hospital, within 28 days of birth.
The right to take Neonatal Care Leave is effective from day 1 of employment, however the right to Neonatal Care Pay requires eligible employees to meet a qualifying number of weeks service, depending on their circumstances.
To be eligible to take Neonatal Care Leave and Pay, your employee must meet the criteria set out in the legislation, which describes the types of parental (or partner) roles that qualify. However, eligibility is likely to apply where your employee has sole or shared parental responsibility for a baby who has been receiving neonatal care for at least 7 consecutive days before they are 28 days old.
Your employee will “accrue” leave to take in 1 week blocks for each complete week that their baby is receiving neonatal care.
Your employee must provide you with advance notice before taking the leave, wherever possible.
Neonatal Care Leave can be added at the end of another type of ‘family friendly’ leave e.g. maternity, paternity, adoption, and must be taken within 68 weeks of the baby’s birth.
The employee will have protection from dismissal and detriment due to taking (or planning to take) Neonatal Care leave.
The employee’s role is also protected from selection for redundancy while taking (or planning to take) Neonatal Care leave.
What do I need to do to prepare?
You should ensure that you educate and build awareness about Neonatal Care and leave within the workplace, and especially amongst your management team.
You should review and update your ‘Family Friendly’ policies and procedures to include neonatal leave and pay so that employees are aware this new leave is available and how to give notice that they wish to take it.
Finally, you should consider what additional support you may be able to offer any employees who find themselves in a position where they have a baby in neonatal care, e.g. Access to Employee Assistance Plan, flexible working when they return to work.
Family leave is a complex and evolving area of employment law. If you have an employee with a baby in neonatal care, we can help you navigate the legislation and provide support that is both sensitive and empathetic. We’ll guide you to ensure that the leave and pay you offer meet the employee’s specific circumstances and comply with the new legal entitlements.
Contact us at support@mckinneyhr.co.uk to find out more.