The UK government has introduced the Neonatal Care (Leave and Pay) Act 2023, set to take effect on 6th April 2025. This legislation grants employed parents up to 12 weeks of additional leave and pay when their newborn requires neonatal care, supplementing existing parental leave entitlements.
Key Provisions of the Act:
Eligibility Criteria:
- Neonatal Care Definition: Care provided to babies admitted to hospital within the first 28 days of birth, requiring a stay of at least seven consecutive days.
- Parental Relationship: The leave applies to parents, including biological, adoptive, and intended parents, to surrogacy arrangements, who have or are expected to have responsibility for the child’s upbringing.
Leave Entitlement:
- Duration: Eligible parents can take up to 12 weeks of neonatal care leave, in addition to other parental leave right such as maternity and paternity leave.
- Timing: Leave must be taken within 68 weeks of the child’s birth and can be utilised consecutively or non- consecutively, depending on individual circumstances.
Pay Entitlement:
- Statutory Neonatal Care Pay: Employees with a minimum of 26 weeks’ continuous service and average weekly earnings of at least £125 are eligible for neonatal care pay. The rate is the lower of £187.18 per week or 90% of the employee’s average weekly earnings.
Employment Protections:
- Job Security: Employees taking neonatal care leave are protected from dismissal or detriment due to their absence.
- Redundancy Rights: Those on neonatal care leave for six consecutive weeks gain extended redundancy protection, ensuring the right to return to the same or a suitable alternative position.
This Act represents a significant advancement in supporting parents during challenging times, ensuring they can focus on their newborns’ health without the added concern of job security or financial strain.
Examples
Tier 1
A parent on paternity leave finishes their paternity leave and is due back to work. Their newborn is then taken into neonatal care, the parent then has the right to receive neonatal leave and pay. This can be taken in non-continuous blocks of a minimum of one week at a time.
Tier 2
A parent has started maternity leave, their newborn is taken into neonatal care. Extra neonatal leave and pay can then be applied for. This is then added to the end of the parents maternity leave in one continuous block.
