The Act takes effect on April 6th to help working parents with newborns in neonatal care. It provides additional leave so parents can support their new family without worrying about job security. This ensures they don’t miss precious time with their baby.
What is the Neonatal Care (Leave and Pay) Act?
The Neonatal Care (Leave and Pay) Act (NC(LP)A) introduces two new statutory rights for employees. Neonatal care is defined as “medical or palliative care specified in regulations that begins within the first 28 days following the child’s birth.”
Employees are entitled to up to 12 weeks of both leave and pay. This is in addition to other statutory leave entitlements such as maternity or paternity leave. The right to leave is available from day one, while the right to pay requires at least 26 weeks of continuous employment.
This measure is part of the broader Employment Rights Bill and the government’s Plan for Change. It fulfils the commitment to support families and protect the income of working people.
Who is eligible to take neonatal care leave?
Neonatal care leave is a day-one right but has specific eligibility criteria. These include:
- having a parental or other personal relationship with the child
- the child must receive continuous neonatal care for at least seven days, starting the day after care begins
Neonatal care leave applies to parents of babies admitted to the hospital for up to 28 days. The baby must require a stay of seven full days or more. Leave can be taken after other types of parental leave and must be taken in blocks of one or more weeks.
Neonatal care leave may be needed unexpectedly. Employees can give their employer one of two types of written notice:
- very short term: informal notice when the hospital admission is sudden
- longer term: when care begins after the child has not recently been admitted to neonatal care
What pay will eligible families be entitled to?
Eligible employees will be entitled to Statutory Neonatal Care Pay. The eligibility requirements are similar to those mentioned earlier. In addition to the 26 weeks of continuous employment, employees must have earnings that meet or exceed the lower earnings limit (currently £123.00 per week).
The pay is expected to follow the same rate as Statutory Maternity Pay.
How can employers prepare for the Neonatal Care (Leave and Pay) Act?
As this legislation takes effect, employers and employees must understand the new rights and responsibilities. Familiarising themselves with these changes will ensure a smooth transition. It will also allow everyone to fully benefit from the protections provided.
If you’re looking for advice on the NC(LP)A contact our Employment team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This article is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
