keep NEONATAL CARE LEAVE IN SPECIAL CIRCUMSTANCES
The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 create a new statutory right to up to 12 weeks of neonatal care leave for employees caring for newborns receiving neonatal care. The regulations establish entitlement conditions (parents, adopters, intended parents, partners), notice requirements, tiered leave periods (tier 1 during/around neonatal care, tier 2 after), protection from detriment, unfair dismissal provisions, redundancy safeguards during protected periods, and return-to-work rights. They amend existing maternity/paternity/adoption leave regulations to accommodate parental order cases.
Without this regulation, employees with critically ill newborns in intensive care would have no statutory job protection while caring for their child—employers could dismiss them at will during a period of acute family vulnerability. The leave is capped at 12 weeks and limited to those with genuine caregiving responsibility, making it narrowly targeted. While the regulation imposes some compliance costs, these are proportionate to the harm prevented: an employee facing a newborn fighting for survival should not also face existential job insecurity. The redundancy protections and return-to-work provisions prevent the most severe exploitation while preserving business flexibility through alternative vacancy provisions. Deletion would leave the most vulnerable workers in the labour market entirely exposed to contractual terms dictated by employers with superior bargaining power.