The arrival of a newborn baby is typically a happy and joyous occasion for families. However, for those whose infants require neonatal care due to premature birth or health complications, this period can be both emotionally and financially challenging. In recognition of these issues, the UK government enacted the Neonatal Care (Leave and Pay) Act 2023, set to take effect on 6 April 2025. This legislation introduces new entitlements designed to better support parents with children in neonatal care.
Philip Richardson, Partner and Head of Employment Law & HR Support at Stephensons takes a closer look at the new legislation and explains what it means for employers and HR teams.
What does this legislation introduce?
“In my experience most best practice employers will recognise the need to give time off to parents in these difficult circumstances. However, that has always been at the discretion of individual employers. Under the Neonatal Care (Leave and Pay) Act, neonatal leave will be available to employees from their first day in a new job and will apply to both parents of babies who are admitted into hospital up to the age of 28 days, and who have a continuous stay in hospital of 7 full days or more. Parents will be able to take up to 12 weeks of paid leave and a minimum entitlement of one week, in addition to other leave entitlements such as maternity, paternity and shared parental leave.”
How can employers and HR teams prepare?
“If they haven’t already, it is important that employers take the necessary steps to prepare for these changes. This should include reviewing and updating company policies to reflect the new entitlements. There should also be clear and transparent processes for requesting and managing neonatal care leave.
“I would also recommend that all managers and HR professionals undertake training to understand the new rights and how they apply to employees. Consider whether further time off may need to be given dependant, for instance, on how the effects of the baby being placed in intensive care manifest themselves in that employee.”
Why does this matter and will it go far enough?
“As it currently stands, parents of newborn babies requiring neonatal care depend on discretionary employer support or statutory leave not designed for prolonged hospital stays, such as maternity and paternity leave. It has been clear for some time that those provisions were inadequate, and more legal support was needed. These changes will benefit many parents though it will be important to assess how effective they are once the Act has been fully implemented.”
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