The Neonatal Care (Leave and Pay) Act 2023 received Royal Assent on 24 May 2023 but will not come into force until April 2025.
The Question:
What is the Act about, and how will employees receive help from the new legislation?
The Answer:
The regulations are not expected to come into force before April 2024 but employers should be aware of them so they can plan forward.
The new law will supply a day one right to statutory leave and pay where employees meet minimum service criteria. It will apply when babies are taken care of in a health setting for a period of at least one week before the child achieves 28 days of life. The period of neonatal leave will be dependent on the period the child spends in the hospital.
The entitlement will be 12 weeks with a minimum entitlement of 1 week’s neonatal leave. The leave must be taken within the first 68 weeks of the baby’s birth. Leave will have to be taken in non-successive periods of at least one week. In this way it mirrors shared parental leave.
The Risk/Threat:
It is expected that approximately 60,000 parents will benefit annually from the new law. Failure to allow an employee to exercise the new right could lead to constructive dismiss claims for not honouring a statutory right.
What you need to:
Employer and HR practitioners need to take positive action to ensure they update their company hand books and policies. Employee must be made aware of their new rights.
This article is only for guidance. Should you need legal advice please speak to one of our advisors on the Quest Advice Line on 0116 274 9193.
