NEONATAL CARE (Leave and Pay) ACT 2023

Neonatal Care (Leave and Pay) Act 2023

· The Act will provide employees with the right to take up to 12 weeks paid leave where their baby requires specialist neonatal care following birth.

· "Neonatal care" remains to be fully defined but it must commence within the first 28 days after birth and last at least seven days.

· Regulations will set out in more detail how much leave may be taken and when it may be taken. The Act sets a limit of at least 68 weeks from birth.

· Leave will be in addition to other statutory leave entitlements (such as maternity and paternity leave).

· The right to SNCL will be available with no qualifying period of employment to employees who have a parental or other personal relationship (the meaning of which will be defined in regulations) to a child who is receiving, or has received, neonatal care.

· The Act provides for statutory neonatal care pay for employees with at least 26 weeks' continuous service and who have earnings not less than the lower earnings limit, i.e., £123 per week.

What do we need to do to prepare / consider?

1. Secondary legislation is required to bring the new statutory entitlements into force, which are expected take effect in April 2025.

2. You may however want to consider implementing a Neonatal policy, giving employees the right to take some paid leave in addition to maternity / paternity leave, prior to this legislation coming into force.