Neonatal Care and Leave Act
Posted on 29th March 2025 at 18:34
Starting April 6, 2025, the United Kingdom will implement significant enhancements to its maternity laws, introducing new rights for parents of premature or sick infants and those who experience miscarriage. The new Neonatal Care and Leave Act aims to support approximately 60,000 new parents annually by providing them with up to 12 weeks of statutory leave and pay to care for babies requiring neonatal care.
Currently, many working families across the UK are having to return to work while their babies are sick in hospital, and these measures aim to address some of the difficulties that thousands of parents face when their baby is in neonatal care.
The Government is committed to providing the support families need to allow them to be by their child’s side without having to work throughout or use up their existing leave.
These changes aim to provide crucial support during challenging times, ensuring parents can focus on their families without the added stress of work obligations.
Neonatal Care Leave and Pay
The Neonatal Care (Leave and Pay) Act 2023 introduces a statutory right to neonatal care leave and pay for parents of babies requiring neonatal care. This entitlement is designed to support families during the critical early stages of their child's medical care. This new system is not straightforward and will be challenging for new parents to navigate at what will inevitably be a stressful time for them. On that basis, it is all the more important that employers take the time to understand the framework from the outset.
Eligibility and duration:
Neonatal Care Leave: Available as a day-one right to all employees, regardless of length of service. To qualify, the baby must be admitted to neonatal care within 28 days of birth and have a continuous hospital stay of at least seven full days. Eligible parents can take up to 12 weeks of leave, in addition to existing parental leave entitlements such as maternity or paternity leave.
Neonatal Care Pay: To receive statutory neonatal care pay, employees must have a minimum of 26 weeks' continuous service with their employer by the 15th week before the expected week of childbirth and meet minimum earnings criteria. The pay rate aligns with other statutory family leave payments.
Bereavement Leave for Miscarriage
In a compassionate extension of support, the UK government is set to introduce a statutory right to bereavement leave for parents who experience a miscarriage before 24 weeks' gestation. This initiative acknowledges the profound emotional and physical impact of pregnancy loss.
Key details:
Entitlement: Eligible employees will have the right to two weeks of bereavement leave following a miscarriage. This extends existing rights that currently apply to stillbirths occurring after 24 weeks' gestation.
The bereavement leave provision is part of broader workers' rights reforms included in the Employment Rights Bill, which is expected to pass its final stage in the House of Commons soon.
Implications for employers and employees
These legislative changes underscore the importance of supporting employees during some of the most challenging periods of their lives. Employers should take proactive steps to:
Revise existing leave policies to incorporate neonatal care leave and pay, as well as bereavement leave for miscarriage, ensuring compliance with the new laws.
Inform all employees about their new rights and the procedures to access these benefits, fostering a supportive workplace environment.
Equip managers with the knowledge to handle sensitive situations empathetically and in accordance with the updated legal framework.
Protection for Employees
Employees taking SNCL are entitled to several workplace protections, similar to those provided for other types of family-related leave, as follows:
Right to Return
Employees have the right to return to the same job after their leave.
If this is not reasonably practicable, they are entitled to return to a suitable and appropriate job.
Redundancy and Alternative Vacancies:
If an employee's role becomes redundant during their leave or the additional protected period (18 months from the date of birth/adoption if at least six consecutive weeks of leave have been taken), they have the right to be offered a suitable alternative vacancy.
Employment Terms and Conditions: Employees retain all terms and conditions of employment (excluding remuneration) during their leave period.
Protection from Dismissal: Employees are protected from dismissal if the reason is related to taking or seeking to take SNCL, and any such dismissal would be automatically unfair.
Protection from Detriment: Employees are protected from any detriment for taking or seeking to take SNCL.
For employees, understanding these new rights is crucial to ensure they can access the support available during difficult times. Open communication with employers about individual circumstances will help facilitate a smoother process when requesting leave.
These advancements in maternity law represent a significant step forward in recognising and addressing the needs of parents dealing with premature births and pregnancy loss, fostering a more compassionate and supportive society.
If you need help and advice to navigate the changes please get in touch we are happy to help.
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