Following the passing of the Neonatal Care (Leave and Pay) Act 2023, the government has now confirmed that the new rights for employees with newborns requiring neonatal care will come into force on 6 April 2025. The Act is intended to support new parents during a particularly vulnerable stage of their working lives.
Unlike most parental leave, the need for neonatal leave is unexpected and urgent, often requiring parents to make an impossible choice between financial security and caring for their child. The Act is set to provide statutory leave from day one of employment, allowing employees to stay with their newborns during a critical period of medical or palliative care, if admitted into hospital for a continuous period of seven days within the first 28 days after birth.
Read more: Neonatal care leave and why it matters
The government has also published draft regulations, setting out the Act’s provisions. Parents will be able to take a maximum of 12 weeks’ leave, and they will need to take a minimum of one week’s leave. The leave must be used within 68 weeks of the child’s birth, and it may be taken in addition to other family leave entitlements, such as maternity and paternity leave.
To be eligible for this new statutory leave, employees must be the child’s parent, intended parent (under a surrogacy arrangement), the partner of the child’s mother, or the child’s adopter or prospective adopter (or partner of the same). The employee must have, or expect to have, responsibility for the upbringing of the child, and they must take the leave to care for the child.
Under the regulations, neonatal care means medical care received in a hospital under the direction of a consultant. It includes ongoing monitoring by healthcare professionals arranged by the hospital where the child was an inpatient, and it also includes palliative or end-of-life care. The regulations provide that a hospital includes a maternity home, as well as clinics and outpatient departments.
To prepare for the introduction of the regulations, employers should familiarise themselves with the new law and take advice upon the implications. As the notice requirements are complex, and because the circumstances where this new leave will be necessary will be particularly stressful, employers should try to be as supportive as possible when it comes to assisting their employees through this process.
Managers and HR teams should be sufficiently trained to assist employees, and employers should consider introducing a new policy in the limited time available. A neonatal care policy should explain what neonatal care is and when employees will be entitled to neonatal care leave.
In addition, a neonatal policy will need to explain the differences between the tier-one period and the tier-two period, and it will need to note the different notice periods for each. Finally, a neonatal policy will need to set out when an employee will be entitled to statutory neonatal care pay.
The details about the medical health of the newborn amount to sensitive personal data under GDPR. It will therefore be crucial for employers to respect the employee’s wishes when it comes to sharing information with colleagues.
The Act and regulations are another positive step towards improving workplace inclusivity, recognising the increasing need for employees to balance family responsibilities with their careers. Supporting employees by providing leave will promote better health for both the parents and the newborn, and it will improve retention and loyalty for employers.
Alana Penkethman is senior associate for employment at Trethowans LLP
This article was published in the March/April 2025 edition of HR magazine.
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