New Right to Neonatal Care Leave and Pay: What Employees Need to Know

Expecting a child can be an exciting time and is looked forward to by many. However, it comes with its challenges and can feel all the more difficult, if a newborn baby requires intensive care. Sadly, there are currently no legal provisions in the UK to support new parents in such circumstances, but the upcoming neonatal care leave legislation is likely to change this.

Read on as we examine what neonatal care is and why the government is introducing a new law. We will discuss the entitlements this new legislation will bring and the eligibility criteria one must satisfy to enjoy them.

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Understanding Neonatal Care and the Need for Legal Support

What is Neonatal Care?

Neonatal care refers to the specialist treatment newborn infants receive when they’re premature, sick or have congenital disabilities. Infants requiring such medical attention are often placed in Neonatal Intensive Care Units (NICUs), giving them the best chance of survival and long-term health.

The Gap that Needed to be Filled

Unfortunately, until now, there’s been no specific legal entitlement for new parents whose children require neonatal care. Many parents have been forced to return to work while their infants remain in hospital, undergoing intensive treatment. Provisions like maternity leave haven’t accounted for the extended hospitalisations required, which have understandably caused significant emotional and financial distress to the working families affected.

Consequently, the Neonatal Care (Leave and Pay) Act 2023 was proposed to address these challenges. This legislation aims to provide specific support to working parents with infants in NICUs during one of the most stressful periods of their lives. 

What is the Neonatal Legislation in the UK?

The Neonatal Care (Leave and Pay) Act 2023 is expected to come into force on 6 April 2025. Under it, eligible working parents with children born on or after this date will have new Neonatal Care Leave (NCL) and Neonatal Care Pay (NCP) entitlements (if their child is placed in an NICU).

Who is Eligible for Neonatal Care Leave and Pay?

Eligibility for neonatal care leave and pay is designed to cover a wide range of new parents. To be eligible for NCL, working parents must meet the following criteria:

  1. They must be an employee. That said, this entitlement is a day-one right, meaning parents can access this leave from their first day of employment with a new employer.
  2. Their infant must receive neonatal care within the first 28 days following birth and remain hospitalised for at least seven consecutive days. This ensures the leave is specifically available to working families whose babies are facing critical health challenges, including those born prematurely or requiring intensive care.

However, the eligibility for NCP differs, as new parents must meet certain service and earnings criteria. Like with maternity and shared parental leave pay, working parents must have at least 26 weeks of continuous service and earn, on average, £123 per week.

What are my Rights as a NICU Parent in the UK?

Working parents eligible for NCL can take up to a maximum of 12 weeks off, within 68 weeks of the baby’s birth. Leave taken while the infant receives care, or within one week after discharge, can be split into non-continuous increments with a minimum duration of one week. Any remaining leave that doesn’t fall into this category must be taken as a single, continuous block.

It’s important to note that NCL supplements existing provisions, such as maternity, paternity, and shared parental leave. The new entitlement specifically covers the period when new parents must stay in the NICU with their baby. This ensures they can focus on supporting their infant without worrying about work commitments.

Entitlements don’t end there, though. Parents could also be eligible for NCP, which is expected to match existing statutory pay schemes for maternity and paternity leave. This will provide working families with some financial stability during this challenging period.

Further guidance concerning these entitlements is expected once the government publishes its neonatal care leave and pay regulations. The drafts are currently with Parliament and awaiting approval.

Providing Notice for Neonatal Care Leave

When eligible working parents intend to take neonatal care leave, they must provide adequate notice to their employer. Under the new legislation, parents must give:

  • 15 days’ notice for leave taken while their infant is in care or during the first week following discharge.
  • 28 days’ notice if the leave is taken during any other period.

The notice given to employers must include specific information, like the employee’s name and their baby’s date of birth. Among other things, the notice should also specify when the individual wants to begin their leave, the number of weeks they intend to take off, and that they wish to take the leave to care for their baby.

Employment Minister Claims New Right Will Provide “Peace of Mind”

The introduction of new neonatal care leave rights represents a significant milestone in supporting working families. By prioritising parents’ ability to remain by their baby’s side, this legislation shows the government’s focus on family well-being.

Providing insight from the government, Employment Rights Minister Justin Madders said, “Parents of children in neonatal care have more than enough to worry about without being concerned about how much annual leave they have left or whether they’ll be able to make ends meet.” He explained how the entitlement will provide parents “certainty” and ensure they can focus on looking after their child.

We hope this insight clarifies the upcoming Neonatal Care (Leave and Pay) Act 2023 and its associated rights. If you have any questions about this or any other employment law matter, please don’t hesitate to get in touch. Redmans Solicitors are sector specialists, and after a quick consultation, we can provide expert advice.

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