The Neonatal Care (Leave and Pay) Act 2023, which gained Royal assent on 24th May 2023, will give eligible new parents the right to take up to 12 weeks paid leave, in addition to other entitlements such as maternity and paternity leave, if their baby is receiving or has received neonatal care. This will allow for parents to focus on their baby’s health without the additional stress and worry of taking unpaid leave or returning to work.
To qualify for neonatal leave you must:
- Be an employee (entitled from day one of employment)
- Have a new-born baby that is receiving/has received neo-natal care for longer than one week prior to them being 28 days old
To qualify for statutory neonatal care pay you must:
- Have 26 weeks continuous service with your current employer
- Earn more than the lower earnings limit
How long a parent will be entitled to leave (minimum of one week) will be dependent on the length of time their baby receives neonatal care. It is important to note that the leave must be taken within 68 weeks of the baby’s birth.
The act is estimated to come into force in April 2025, to allow for time for HM Revenue and Customs to update their systems. This will give employers time to look at and amend their current policies and procedures to fully support their employees moving forward.
If you are an employee who wants to know how the changes will affect you or an employer who requires guidance on implementing the new legislation, we recommend you obtain legal advice and guidance in readiness for the upcoming changes. Please contact us on 0161 696 6170, to speak to a member of our employment law team.
By Shannon Holland, graduate paralegal
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