A Neonatal Care (Leave and Pay) Bill, which was introduced as a Private Members Bill by Stuart McDonald MP, has received Government backing and is therefore highly likely to now become law.
Neonatal Care (Leave and Pay) Bill
As we have previously highlighted, it had been the intention of the Government to include provisions within a new Employment Bill for neonatal care leave and pay, after having consulted upon the issue as part of its 'good work plan'. However, the Employment Bill was not included in the Queens Speech, and there are now doubts as to whether such a bill will be forthcoming, at least under this Government.
Given that there was no Employment Bill included in the Queens Speech, Stuart McDonald MP decided to introduce a Private Members Bill on the issue of neonatal care leave and pay.
Nevertheless, it is extremely rare that Private Members Bills ever succeed in progressing to actual legislation without Government support. However, the top seven which enter the ballot for Private Members Bills are guaranteed debating time and Stuart McDonald’s Bill came in 1st. The Bill, called the Neonatal Care (Leave and Pay) Bill 2022-23, had its 1st Reading on the 15th June 2022, and had its 2nd Reading on the 15th July 2022.
Government Support
The Neonatal Care Bill received cross party support and passed its second reading after receiving Government support. Once likely enacted, the new law will give parents with children who are in neonatal care for at least 1 week after birth a day 1 right to have up to an additional 12 weeks of leave (i.e. statutory neonatal care leave), over and above their maternity, paternity, and shared parental leave entitlements.
The new legislation would also allow those parents with at least 26 weeks continuous service with their current employer, and who have weekly earnings of at least the lower earnings limit (currently £123.00 per week), the right to receive statutory neonatal care pay at what is expected to be the same rate as other parental leave benefits (currently 90% of gross weekly pay per week, subject to a maximum of £156.66 per week)
With the bill now likely to become law in 2023, it normally takes around 18 months to implement such legislation. Accordingly, the legislation should come into force sometime in 2024 or 2025.
Reaction
Commenting upon developments in relation to the Neonatal Care (Leave and Pay) Bill, Stuart McDonald, the MP who introduced the Private Members Bill, stated: "No parent should have to choose between being with their premature or sick baby in neonatal care and having to return to work to earn a living; or enjoying the full benefits of parental leave and going back to work. With the cost of living soaring, it is more important than ever that we secure an urgent change in the law so that parents of babies in neonatal care get the paid leave and support they need at an incredibly challenging time."
The Business Minister Jane Hunt added: "Having a new-born in neonatal care is an incredibly worrying time for parents. No family should also have to agonise about their return to work, or whether they have enough leave in place. 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."
Moreover, the Chief Executive of the charity Bliss, Caroline Lee-Davey, stated: "We are thrilled that the Neonatal Care (Leave and Pay) Bill has passed Second Reading in Parliament and has support from the government. This is a huge milestone after years of campaigning and is a significant step towards tens of thousands of parents having paid leave while their baby is critically ill in hospital every year."
