A new employment right for parents has added to a growing number of forms of statutory leave, says EUAN SMITH
In the years up to 2020 there was something of a slow-down in the pace of legislative change relating to “family friendly” leave and a resulting knock-on effect for those handling personnel matters – whether as HR practitioners or lawyers.
However, in recent years we have seen the introduction of parental bereavement leave in 2020, carers’ leave in 2024, and, earlier this year, neonatal leave, which came into effect in April through the Neonatal Care (Leave and Pay) Act 2023.
So, what is Neonatal leave?
Neonatal leave is intended to support the parents of newborns admitted to neonatal care within 28 days of birth. Employees will be able to take up to 12 weeks’ leave, in addition to other family leave entitlements such as maternity/paternity/adoption leave.
In terms of pay, eligible employees (those with at least 26 weeks of service), will be able to claim up to 12 weeks of (statutory) neonatal care pay.
There are other technical requirements, such as the fact the newborn must have been admitted to neonatal care within 28 days of birth, and for a continuous period of at least 7 days.
Because eligible employees will normally already be on another form of leave (such as maternity/paternity/adoption leave), neonatal leave is most likely to be taken at the end of any other such leave. It will, therefore, effectively be “banked”, although it must be taken within 68 weeks of the child’s birth.
Even in the event of the smoothest of births, this period can be as stressful as it is exciting, and so the intention of the legislation is to ensure that those who may experience such complications are not “penalised”.
What it does mean, however, is that the number of forms of statutory leave continues to grow. In addition to the types of leave already mentioned, there is also shared parental leave, time off for dependents, parental leave, and time off for public (including reservist) duties.
What does the legislation mean for my business?
Those professionals working in this area, will already be familiar with how family friendly leave provisions can already account for about 50% of the text in policy (Staff Handbook) documentation. New carers’ leave and neonatal leave having also come hot on the heels of changes in legislation around the handling of flexible working requests.
If ever there was a time for all policy documentation in this area to be reviewed, then this would seem to be it! For example, if your business would normally go beyond any minimum requirements (under statute), then you may wish to consider if you will do so for neonatal rights (with respect to pay, if not leave periods). And, of course, if you have not yet got your policy documentation up to date, for neonatal leave (or carers’ leave), then this will also need to be looked at.
Additionally, there can be some subtle interactions between the different forms of statutory leave, and it is worth checking the different requirements (with respect to eligibility, leave levels and pay etc.) in specific situations.
While requests for leave/time off (out-with flexible working requests) can often be managed relatively straightforwardly, situations can arise where a business does not appreciate a statutory right to family friendly leave (or some other form of time off) is engaged. This can lead to grievances and even potential claims, concerning, for example, an alleged employer failure to allow an employee to exercise their statutory right(s).
What is sure is that, after a period of relative calm we are starting to see much more change with respect to family friendly leave, and it will pay for employers to be up to date/compliant with their legal obligations and the rights of their employees, to avoid unexpected repercussions.
Euan Smith is a legal manager at Navigator, part of Vialex Group
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