Legislation
Neonatal Care (Leave and Pay) Act
Date
Expected April 2025
Summary
The Neonatal Care Act gained Royal Assent on 24 May 2023
The Neonatal Care (Leave and Pay) Act 2023 creates a statutory right for parents whose child is receiving neonatal care to take paid leave of up to 12 weeks. It applies where a baby receives neonatal care for more than 7 days in a row in the first 28 days of life.
During neonatal care leave, it’s expected to be the case that eligible employees will:
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Retain the benefit of their terms and conditions of employment (excluding remuneration) which would have been applied if it wasn’t for the absence, and remain bound by any obligations arising from the same.
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Retain the right to return to a job of a prescribed kind and enjoy the same protection as that afforded to parents exercising other family friendly entitlements (i.e. not to be subject to a detriment or discrimination arising from them taking, or seeking to take, neonatal care leave). The notice requirements are yet to be determined.
‘Neonatal Care’ is considered to mean medical or palliative care starting before the end of 28 days beginning the day after the date of the child’s birth.
Secondary legislation is needed here, and implementation is not predicted until April 2025. It’s expected that such criteria will mirror the conditions in place for other family friendly entitlements, with neonatal pay aligning with other statutory payments for employees with 26 weeks service.
Maternity guide
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