Neonatal Care (Leave and Pay) Act 2023 (c. 20)

SCHEDULE Neonatal care leave and pay

PART 3 Further amendments to do with neonatal care leave and pay

Employment Rights Act 1996

20 The Employment Rights Act 1996 is amended as follows.

21 In section 27 (meaning of “wages”), in subsection (1), after paragraph (cd) insert—

“(ce) statutory neonatal care pay under Part 12ZE of that Act,”.

22 In section 47C (leave for family and domestic reasons), in subsection (2), after paragraph (cb) (but before the “or”), insert—

“(cc) neonatal care leave,”.

23 In section 75I (rights during and after shared parental leave), in subsection (3)—

(a) at the end of paragraph (e) omit “and”;

(b) at the end of paragraph (f) insert “, and

(g) neonatal care leave.”

24 (1) Section 80C (rights during and after paternity leave) is amended as follows.

(2) In subsection (2), after paragraph (bb) (but before the “and”) insert—

“(bc) neonatal care leave,”.

(3) In subsection (4), after paragraph (bb) insert—

“(bc) neonatal care leave,”.

25 In section 80EB (rights during and after bereavement leave), in subsection (2)—

(a) at the end of paragraph (d) omit “and”;

(b) at the end of paragraph (e) insert “, and

(f) neonatal care leave.”

26 (1) Section 88 (liability of employer to pay employee during period of notice: employments with normal working hours) is amended as follows.

(2) In subsection (1)(c), after “parental bereavement leave,” insert “neonatal care leave,”.

(3) In subsection (2), after “statutory parental bereavement pay,” insert “neonatal care pay, statutory neonatal care pay,”.

27 (1) Section 89 (effect of notice of termination: employments without normal working hours) is amended as follows.

(2) In subsection (3)(b), after “parental bereavement leave,” insert “neonatal care leave,”.

(3) In subsection (4), after “statutory parental bereavement pay,” insert “neonatal care pay, statutory neonatal care pay,”.

28 In section 99 (leave for family reasons), in subsection (3), after paragraph (cb) (but before the “or”), insert—

“(cc) neonatal care leave,”.

29 In section 235 (definitions), in subsection (1)—

(a) at the appropriate place insert—

• ““neonatal care leave” means leave under section 80EF,”;

(b) in the definition of “week”, in paragraph (b), after “80EA” insert “, 80EF”.