Neonatal Care (Leave and Pay) Act 2023: What does it mean for employers?
We recently published an article (17th April 2023) which detailed the enhanced employment protection for employees on maternity leave, adoption leave or shared parental leave. The government has since passed a bill (May 2023) announcing the introduction of 12 weeks’ neonatal leave and pay for parents of babies born prematurely who require specialist care in a neonatal unit.
The Neonatal Care (Leave and Pay) Act 2023 will apply to parents whose babies spend seven days or more continuously in hospital before they reach the age of 28 days. The neonatal leave and pay will be in addition to the current entitlement to maternity and paternity pay and leave. The introduction of neonatal leave and pay, following the enhanced protection from redundancy for employees on maternity, adoption and parental leave is a part of the government’s Good Work Plan: Proposals to Support Families.
The Neonatal Care (Lave and Pay) Act has been welcomed by parents, and soon-to-be parents, across the UK, particularly those who have been forced to lose much of their maternity and paternity leave in the neonatal unit.
It is yet to be made clear when the Neonatal Care (Leave and Pay) Act is to come into force, but it is likely to be around April 2025.
As part of the ‘Good Work Plan: Proposals to Support Families, and in addition to the Neonatal Care (Leave and Pay) Act, the government is also considering whether employers should have a duty to consider whether a job can be done flexibly and to make that clear when advertising the role.
Consideration is also being given to whether there should be transparency of flexible working and family-related leave and pay policies. The result of which may be that it will be a requirement of large employers (those with 250 or more employees), to publish their family-related leave and pay and flexible working policies.
Again, timescales are currently unclear, but keep checking the news pages of our website for more information.
The timing of this proposal regarding transparency comes not long after the announcement of the Employment Regulations (Flexible Working) Bill 2023. This is currently due its 3rd reading at the House of Lords on 14 July 2023.
The Employment Regulations (Flexible Working) Bill aims to give employees greater flexibility over when, how and where they work. Under the Bill, the right to request flexible working will become a day one right, removing the need to have 26 weeks of continuous service before being eligible to make a request. In addition to becoming a day one right, employees will be able to make two flexible requests in any 12-month period, as opposed to the current one request.
All of these consultations, Bills, Acts and updates certainly indicate that 2023 employment legislation will be beneficial to working families.
If you are looking for employment advice regarding the Neonatal Care (Leave and Pay) Act, or any other employment-related issue, then please contact the specialist employment team today. Call 01752 203500 or email me directly via Kayleigh.arthurs@GAsolicitors.com.
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