The Neonatal Care (Leave and Pay) Act 2023
The Neonatal Care (Leave and Pay) Act 2023 comes into force on 6 April 2025.
These new regulations extend critical paid leave to parents of infants requiring neonatal care, often as a result of prematurity, birth defects, or other medical complications. The amendments go beyond parental leave by offering additional time off and greater flexibility for both mothers and fathers or partners.
Neonatal Care Leave is available to parents of babies who are admitted to neonatal care and remain in the hospital for 7 or more continuous within the first 28 days of birth.
This leave allows eligible parents to take up to 12 weeks of leave (and, if eligible, pay) in addition to any other leave they may already be entitled to, such as maternity or paternity leave. As a result, employees can now expect to receive paid leave.
Employers must comply. They cannot require employees to work during their leave. Additionally, employers are expected to adjust their practices to accommodate employees returning from such leave, offering flexible work arrangements when necessary to ease the transition back into the workplace.
The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 sets out the details about eligibility, notification requirements and entitlement and are essential reading for any employer of HR practitioner. The pay regime is contained in separate Regulations, The Statutory Neonatal Care Pay (general) Regulations 2025.
Our thoughts:
This new legislation is a welcome development that recognises the critical need for parents to be present during their infant's first days of life, particularly when medical care is required. The legislation not only improves family life but also reflects a positive shift in workplace policies that respect and support employees' rights and responsibilities.
As society continues to recognise the importance of supporting parents in the workforce, we can expect to see further expansions of family leave and continued development of employment law to accommodate diverse family structures and caregiving needs. This legislation represents the beginning of a broader movement toward better support for working parents, and it’s essential for both employees and employers to stay informed about future developments.
At Lawson West Solicitors we have a team of employment lawyers experienced committed to providing advice on all aspects of employment law. If anything in this article affects you or if you need any help and support then please do not hesitate to get in touch, It would be our pleasure to help and support you.
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