Employers are being urged to prepare for a new right to neonatal care leave and pay from 6 April that will see working parents with babies in neonatal care entitled to additional time off as a day one right.

Neonatal Care Leave will apply to parents of babies who are admitted into neonatal care up to 28 days old and who have a continuous stay in hospital of seven full days or longer. These measures will allow eligible parents to take up to 12 weeks of leave (and, if eligible, pay) on top of any other leave they may be entitled to, including maternity and paternity leave. 

The regulations are still subject to parliamentary approval, but are expected to benefit around 60,000 new parents when they come into force.

Under current rules, many working families across the UK are having to return to work while their babies are sick in hospital and these measures aim to address some of the difficulties that thousands of parents face when their baby is in neonatal care.

Peace of mind

Employment Rights Minister Justin Madders said parents of children in neonatal care have more than enough to worry about without being concerned about how much annual leave they have left or whether they’ll be able to make ends meet. 

“This entitlement will deliver certainty to them and their employers, setting baseline protections that give them the peace of mind to look after the one thing that matters most – their newborn baby. Alongside the leave entitlement, Statutory Neonatal Care Pay will be available to those who meet continuity of service requirements and a minimum earnings threshold,” Madders says.

Be proactive

Adele Coupland, an employment lawyer at law firm Freeths, urges employers to be proactive. “Rather than wait until 6 April, take steps now to pull together draft policies setting out this new entitlement and what employees should do to claim it. Start considering how to communicate this new policy as it’s likely going to be an emotional topic for some employees,” she says. 

“While there are notice requirements for employees to comply with, employers may wish to consider how to make the internal process for requesting this type of leave as clear, easy and known to employees as possible. If an employee is going through a situation where their baby is requiring this type of care, they may not be in the right mindset to work out what they need to do and when, so why not make it as easy as possible for them.” 

Policies are only as good as your managers, Coupland warns. She says employers could consider additional training for their managers to ensure they know about this right and to provide managers with assistance on how they can best support employees navigating neonatal care.

Interaction with other family leave entitlements

Kate Palmer, Employment Services Director at HR services provider Peninsula, says that while the regulations provide in-depth detail of how this new paid leave entitlement works, putting them into practice is another matter entirely. “Due to the very purpose and nature of neonatal care leave, and its interaction with other family leave entitlements, employers will need to have a firm grasp on the rules around the almost endless ways in which it can be taken. 

“The regulations do also leave some areas open to question. For example, there are currently no provisions for the employee to take leave during the first week of care the baby receives if they are not already on another form of family leave. This means it will be up to the employer and employee to agree time off as annual leave, time off for dependants, or unpaid leave.”

Palmer agrees that employers should already be working on the implementation of the new rules within their business, starting with a new policy informing employees of their entitlement and the eligibility criteria with any related policies also updated. 

Update contracts and payroll

Employee contracts will also need to be updated for future employees, and amendments issued for current, as paid leave entitlements should be referenced within them. Payroll will also need to be updated to include the new statutory pay element of neonatal care leave and pay.

“Dealing with an unwell baby will already be a stressful time for employees, so it is important that employers and line managers have a full understanding of the entitlement. Being able to swiftly and clearly communicate what it means for affected employees during that time will be a relief and allow them to focus on the more pressing matters at hand,” Palmer adds.

Some employers may already have policies in place that offer a range of increased leave entitlements. However, it’s important these are reviewed to ensure they comply with the law when it comes into force. Employers can also take this opportunity to offer their own additional support through services such as employee assistance programmes.”