Meeting our responsibilities when a colleague is expecting a baby has been relatively straightforward for many years. However, new legislation is expected in 2024.
Currently all pregnant employees, regardless of service, are entitled to 52 weeks’ maternity leave, and if they have qualifying service and earn over the lower earnings level, they also receive 39 weeks’ Statutory Maternity Pay. A pregnancy risk assessment needs to be undertaken once an employer is advised in writing about the pregnancy.
We know that following maternity leave, women returners need their employer’s support to integrate back into the workplace. This doesn’t need to cost money. More frequent supervision, phased returns, further post pregnancy risk assessments and a supportive line manager can make a huge difference.
Here’s what we know about the new Neonatal Leave and Pay Act 2023 coming next year:
- The Act grants eligible parents whose newborn baby has been admitted into neonatal care the right to one to 12 weeks of paid leave, in addition to other leave entitlements.
- Neonatal Leave (not including Statutory Neonatal Pay) will become a ‘day one’ right and apply to parents whose newborn child spends at least seven days in neonatal care. The Act defines neonatal care as medical or palliative care in the first 28 days.
- Multiple births will not increase entitlement.
- To be eligible to receive Statutory Neonatal Pay (SNP) the employee will need to be employed for 26 weeks prior to a relevant period and receive over the lower earnings limit in the eight weeks prior to the relevant period. It is expected that small employers with national insurance bills of less than £45,000 per year will be able to reclaim 103 per cent of SNP.
We are told to expect ACAS guidance as it is a new right. Next month we will look at Paternity & Parental Leave.
