With the Employment Rights Bill 2024 now confirmed, the Neonatal Care (Leave and Pay) Act 2023 is set to come into effect on 6th April 2025. This significant legislative change introduces a statutory right for parents dealing with the challenges of neonatal care to take paid leave, easing the burden on their work-life balance. Expected to benefit around 60,000 parents annually, this new right is a critical step towards supporting families in their time of need.

What Does the Act Mean for Parents?

Prior to this Act, employees often had to rely on existing statutory rights, such as maternity or paternity leave, to manage their time and responsibilities when their newborn required neonatal care. However, this often left parents struggling to balance their work commitments with the care their child needed.

The Neonatal Care (Leave and Pay) Act addresses this gap by introducing a specific leave entitlement for parents whose babies are placed in neonatal care for seven consecutive days or more, starting from the first 28 days after birth. Eligible employees will now have access to 12 weeks of neonatal care leave in addition to existing maternity and paternity leave entitlements.

Key Provisions of the Act

• Eligibility: Employees must have been employed for at least 26 weeks to qualify for this right.
• Duration: Up to 12 weeks of leave will be provided, over and above other parental leave rights.
• Payment: Under the Statutory Neonatal Care Pay (General) Regulations 2025, eligible employees will receive £187.18 per week or 90% of their average weekly earnings, whichever is lower.
• Employee Protections: The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 outline protections for employees taking neonatal care leave, including safeguards against redundancy and unfair dismissal. These regulations also clarify how neonatal care leave interacts with other statutory leave types.

Why Is This Important?

The introduction of this right ensures that working parents no longer need to choose between their job and the health of their newborns. It demonstrates a growing recognition of the unique challenges faced by families in neonatal care situations and a commitment to creating a supportive and compassionate workplace environment. For many parents, this will alleviate financial and emotional pressures, allowing them to focus on their child’s recovery.

How Bhayani Law Can Help

At Bhayani Law, we understand the complexities of employment law and the challenges businesses face when implementing new statutory rights. Whether you are an employer seeking guidance on updating your policies or an employee needing advice on your rights, our expert team is here to help.

We can assist employers in:

• Drafting and updating policies to include neonatal care leave.

• Training HR teams to handle leave requests and ensure compliance.

For employees, we provide:

• Advice on eligibility and how to apply for neonatal care leave.
• Support with resolving disputes or issues related to this new right.

Get in Touch

The Neonatal Care (Leave and Pay) Act 2023 is a pivotal step in supporting working families, but navigating its provisions can be complex. Whether you are an employer or an employee, Bhayani Law is here to provide expert advice tailored to your needs.

Contact us today on 0333 888 1360 or email [email protected] to speak with one of our legal experts. Let us guide you through this new era of employment law with confidence.