Neonatal care leave is now available for parents of babies born after 6 April who are in neonatal care. BLISS (the premature baby charity) say that around 60,000 parents are affected each year so this will have a notweworthy impact for employers and their employees.
The Neonatal Care Leave Act 2023 gives a statutory right to neonatal care leave with pay for employed parents if their newborn spends at least seven consecutive days in neonatal care. Therefore, the earliest employers are likely to see requests is 14 or 15 April given that 7 days must elapse before the new leave can take effect.
‘Neonatal care’ refers to care ‘that starts before the end of the period of 28 days beginning with the day after the child’s birth’ – which confusingly really means 29 days.
The Act is technical. Leave can be taken in two periods – ‘Tier 1’ and ‘Tier 2. The ‘Tier 1 period’ starts from the day the child starts to receive neonatal care, ending on the seventh day after the child stops receiving neonatal care. The ‘Tier 2 period’ is any period which is outside of Tier 1.
Notice must be given but is specified to be in weeks. The Act lacks guidance at present which will be difficult because in employment law, a week can be a calendar week, a working week of 5 days or a week ending on Saturday for continuity of employment claims.
Employment lawyers are pressing the government for clarity on their intention.
If you have any questions or require advice with respect to Neonatal Care and other areas of employment law, please do not hesitate to contact Jo Mackie.
