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New neonatal care leave laws are now in force. We break down the key guidance for employers from the Government and Acas.
Employment Law & HR|19 May 2025
Insight
Following our recent article on the introduction of statutory neonatal care leave and pay, which came into force on 6 April 2025, retainer clients with access to our HR Document Bank, will have seen an updated policy and supporting documentation for internal use.
As a reminder, from 6 April 2025, and subject to eligibility criteria, qualifying parents of babies admitted to neonatal care for at least seven consecutive days within the first 28 days of birth are entitled to up to 12 weeks of statutory neonatal care leave and pay.
The Government recently published an employer’s guide to statutory neonatal care, which provides employers with a detailed overview of eligibility, rights and pay. It tells employers to retain records and how to reclaim the statutory element of any payments made.
Acas has also published non-statutory guidance on neonatal care leave and pay, which not only outlines the new rights for staff but also offers practical advice in matters such as best practice and finding workable solutions.
It suggests that employers consider options such as compassionate leave or emergency time off for a dependant in the event that staff are not eligible for the new rights. It also calls for employers to be flexible and accommodating in such situations, given the highly stressful situation in which the employee will find themselves.
Finally, it offers some best practice points, including that employers allow family members or friends to notify them and provide them with updates on behalf of the employee (this would, of course, require the employee’s consent).
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