Employment Rights Act 1996

[F1 80EF Neonatal care leave E+W+S

(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if the employee satisfies conditions specified in the regulations as to a parental or other personal relationship with a child who is receiving, or has received, neonatal care.

(2) The regulations must include provision for determining—

(a) the extent of an employee’s entitlement to leave under this section in respect of a child;

(b) when leave under this section may be taken.

(3) Provision under subsection (2)(a) must secure that where an employee is entitled to leave under this section in respect of a child the employee is entitled to at least a week’s leave.

(4) Provision under subsection (2)(b) must secure that leave under this section must be taken before the end of a period of at least 68 weeks beginning with the date of the child’s birth.

(5) An employee is entitled to leave under this section only if the neonatal care continues without interruption for a period of at least seven days beginning with the day after the day on which the care starts.

(6) For the purposes of this Chapter, “neonatal care” means care—

(a) of a medical or palliative kind specified in the regulations, and

(b) that starts before the end of a period of 28 days beginning with the day after the date of the child’s birth.

(7) Regulations under subsection (6)(a) may specify a kind of care by reference to the kind of place at which care is provided.

(8) The regulations may make provision about how leave under this section is to be taken.

(9) In this section “week” means any period of seven days.]

Textual Amendments

F1 Pt. 8 Ch. 5 inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 2; S.I. 2025/41, reg. 2