Part 1GENERAL
Citation, commencement and extent
regulation 1 1.—(1) These Regulations may be cited as the Neonatal Care Leave and Miscellaneous Amendments Regulations 2025.
(2) The Regulations come into force on 6th April 2025.
(3) The Regulations extend to England and Wales, and Scotland.
Application
regulation 2 2.—(1) The provisions in Part 1 regulation 3, Part 2 and the Schedule of these Regulations apply in respect of children who are born on or after 6th April 2025.
(2) Regulation 17 (protection from detriment) has effect only in relation to an act or failure to act which takes place on or after 6th April 2025.
(3) For the purposes of paragraph (2)—
regulation 2 3 a (a)where an act extends over a period, the reference to the date of the act is a reference to the last day of that period, and
regulation 2 3 b (b)a failure to act is to be treated as done when it was decided on.
(4) In the absence of evidence establishing the contrary an employer shall be taken to decide on a failure to act—
regulation 2 4 a (a)when they do an act inconsistent with doing the failed act, or
regulation 2 4 b (b)if they have done no such inconsistent act, when the period expires within which they might reasonably have been expected to do the failed act if it was to be done.
(5) Regulation 18 (unfair dismissal) has effect only in relation to dismissals where the effective date of termination (within the meaning of section 97 of the Act) falls on or after 6th April 2025.
(6) The amendment of the Maternity and Parental Leave etc. Regulations 1999(1) made by regulation 21 has effect where the employee’s statutory maternity leave period ends on or after 6th April 2025.
(7) The amendments to the Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014(2) made by regulation 22 have effect where the employee’s adoption leave or shared parental leave ends on or after 6th April 2025.
Interpretation
regulation 3 3.—(1) In these Regulations—
term the act “the Act” means the Employment Rights Act 1996;
term adopter “adopter” means a person the child has been placed with for adoption in accordance with the Adoption and Children Act 2002(3) or the Adoption and Children (Scotland) Act 2007(4);
term c “C” means the child in relation to whom an entitlement to neonatal care leave arises;
term intended parent “intended parent” means a person who on the day of the child’s birth—
has applied, or intends to apply during the period of 6 months beginning with the day of the child’s birth—
with another person for an order under section 54 (parental orders: two applicants) of the Human Fertilisation and Embryology Act 2008(5) in respect of the child, or
as the sole applicant for an order under section 54A (parental orders: on application) of that Act(6) in respect of the child, and
expects the court to make such an order on that application in respect of the child;
term overseas adopter “overseas adopter” means a person—
with whom the child is living, following the child’s entry into Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and
who has received official notification in respect of the child;
term partner “partner” means a person (whether of a different sex or the same sex) who lives with P in an enduring family relationship but is not a relative of P of a kind specified in sub-paragraph (a)—
the relatives of P referred to are P's child, parent, grandchild, grandparent, sibling, aunt or uncle, niece or nephew;
references to relatives in sub-paragraph (a)—
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
include the relationship of a child with their adoptive, or former adoptive, parents, but do not include any other adoptive relationships;
term prospective adopter “prospective adopter” means a person—
who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005(7) or regulation 30B(4) of the Adoption Agencies (Wales) Regulations 2005(8), and
with whom the child has been placed, either—
in accordance with section 22C of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained)(9) following consideration in accordance with subsection (9B)(c) of that section, or
in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014(10);
term qualifying period “qualifying period” means any period of a week during which C receives neonatal care without interruption beginning(11)—
for the first qualifying period, on the day after the day on which the care starts and,
for a subsequent qualifying period, on the day after the end of the preceding qualifying period.
term statutory leave “statutory leave” means leave provided for in part 8 of the Act;
term tier 1 period “tier 1 period” means the period beginning with the day C starts receiving neonatal care and ending with the 7th day after the day C stops receiving neonatal care;
term tier 2 period “tier 2 period” means any period of time which is not a tier 1 period in which an employee is entitled to take leave in accordance with regulation 7(2).
(2) In this regulation—
term official notification “official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;
term p “P” means the child’s mother or a person who is an adopter, prospective adopter or overseas adopter;
term relevant domestic authority “relevant domestic authority” means—
in the case of an overseas adopter to whom the Adoptions with a Foreign Element Regulations 2005(12) apply and who is habitually resident in Wales, the Welsh Ministers;
in the case of an overseas adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009(13) apply and who is habitually resident in Scotland, the Scottish Ministers; and
in any other case, the Secretary of State.
S.I. 1999/3312, there are amendments not relevant to this instrument.
S.I. 2014/3096, there are amendments not relevant to this instrument.
2008 c. 22Section 54 was amended by paragraph 206 of Schedule 11 to the Crime and Courts Act 2013 (c. 22), Part 1 of Schedule 9 to the Justice Act (Northern Ireland) 2015 (c. 9) and S.I. 2018/1413.
2008 c. 22. Section 54A was inserted by article 2(5) of S.I. 2018/1413.
S.I. 2005/389. Regulation 30B was amended by S.I. 2020/909.
S.I. 2005/1313 (W. 95) regulation 30B was inserted by S.I. 2020/163 (W. 31) and amended by S.I. 2013/985.
1989 c. 41. Section 22C was amended by section 8(1) of the Children and Young Persons Act 2008 (c. 23), paragraph 29(a) and (b) of Schedule 2 to, the Children and Families Act 2014 (c. 6), S.I. 2016/413 (W. 131), S.I. 2018/195 (W. 44).
2014 anaw 4. Section 81 was amended by S.I. 2017/1025 (W. 263).
A week is defined in section 80EF(9) of the Employment Rights Act 1996 as a period of 7 days.