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AdoptionNeonatal leaveShared parental leaveMaternityLatest News

Neonatal leave and parents’ redundancy protection bills become law

by Ashleigh Webber 25 May 2023
by Ashleigh Webber 25 May 2023 Shutterstock
Shutterstock

Parents are set to gain new employment rights as two bills, the Neonatal Care (Leave and Pay) Bill and the Protection from Redundancy (Pregnancy and Family Leave) Bill, gain Royal Assent.

Under the Protection from Redundancy (Pregnancy and Family Leave) Act, pregnant women and new parents will see an extension of existing redundancy protections, to cover pregnancy and a period of time after parents return to work. Currently, parents are only protected from redundancy whilst on maternity leave, adoption leave or shared parental leave.

The Neonatal Care (Leave and Pay) Act will allow parents whose newborn baby is admitted to neonatal care to take up to 12 weeks of paid leave, in addition to other leave entitlements such as maternity and paternity leave.

The length of leave and statutory neonatal pay will be based on how long their baby receives neonatal care, and will apply if their baby receives neonatal care for more than seven continuous days before they reach 28 days old.

Neonatal leave

Employment law in 2023: What can HR expect?

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Maternity redundancy protections

The Carers’ Leave Act has also received Royal Assent, paving the way for working carers to take up to five days of unpaid carers leave per year.

The government will need to introduce secondary legislation to implement these new entitlements on a date yet to be announced.

Business minister Kevin Hollinrake said: “We know how stressful it can be for parents caring for a newborn in neonatal care, or someone who is trying to juggle work with caring responsibilities, and these additional protections will ensure they get the support they need.

“Protecting and enhancing workers’ rights whilst supporting businesses to grow remains a priority for this government and a dynamic labour helps to drive up wages, employment and economic growth.”

Christina McAnea, general secretary of Unison, which worked with Labour MP Dan Jarvis to introduce the Protection from Redundancy (Pregnancy & Family Leave) Bill, said: “What new parents often need most is job security, but pregnant workers and new parents are too often first in line for redundancy. This new law represents a significant win for Unison members as well as adding greater workplace protections to the statute book.”

Earlier this month research by employment law and HR consultancy WorkNest found 67% of organisations were not clear about the proposed changes to the law surrounding maternity protections.

Caroline Lee-Davey, chief executive of premature baby charity Bliss, said: “After so many years of campaigning, we are absolutely thrilled to see neonatal leave and pay finally become law. This will make a huge difference to around 60,000 parents every year, and to their babies. It will relieve the additional stress of having to juggle looking after a critically ill baby in hospital with work, ease some of the financial pressure and, by allowing parents to be more involved in their baby’s care, improve the health outcomes of premature and sick babies.”

“For many families the inflexibility of the current parental leave system exacerbates the trauma that parents experience when their baby is admitted to neonatal care. This law has the potential to transform the experience of both parents and employers.”

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Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

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