Government backs new law to provide additional paid leave to parents whose babies require specialist care after birth

New proposed reforms will allow parents to spend more time providing crucial care for their baby instead of worrying about returning to work or the possibility of having to take unpaid leave.

The Neonatal Care (Leave and Pay) Bill will allow parents to take up to 12 weeks of paid leave in addition to other leave entitlements such as maternity and paternity leave. The aim of this new law is to take unnecessary stress off parents during these difficult times.

Currently, fathers are only entitled to 2 weeks’ paternity leave, meaning if their baby remains in hospital after this period fathers are left with a difficult decision of either returning to work, using their annual leave or taking unpaid time off. With the proposed new law, fathers could take an additional 12 weeks paid leave to support both mother and baby.

Mothers are entitled to 52 weeks leave, however only 39 of those weeks are paid. The new law would mean that mothers of sick or premature babies would be able to take 52 weeks paid leave. Allowing the mother to spend the much-needed additional time with their baby without worrying about pay.

How will the new law work?

• It will be a day one right, meaning all employees from the first day of their employment will be entitled to this additional paid leave;
• It will apply to parents of babies who are admitted to hospital up to the age of 28 days;
• The baby’s stay in hospital must be for a continuous period of 7 full days or more; and
• The employee meets the minimum earning requirements.

It is expected that the pay received during this leave will be equivalent to Statutory Maternity Pay or Statutory Paternity Pay. Employers may at their discretion provide contractual Neonatal Pay , however this is purely a decision for employers and is not something the new law would provide for. 

Business Minister Jane Hunt said:

‘By putting our full weight behind this Bill, I hope we can take one concern off the minds of new parents and give them the additional paid time off they need to care for their poorly baby’.

The new law will be a welcome change and will aim ease the increasing cost of living on parents who are caring for a sick or premature baby. It will also provide support to families, by allowing them time to deal with the circumstances of having a poorly baby.

Providing the bill passes all parliamentary stages, it is likely to be implemented in 2024.

We will keep you updated about the progress of this Bill through Parliament and what it means, in practical terms, within the world of work. In the meantime, if you need advice on how best to ensure compliance with current legislation concerning parental leave and how to deal with issues that might arise, please contact our specialist employment law team.