Neonatal Care (Leave and Pay) Bill

Darren Henry Excerpts

2nd reading
Friday 15th July 2022 Commons Chamber

[Stuart C. McDonald]

I am grateful to my hon. Friend. There are employers out there who already provide this support for their employees, and they are to be commended. Unfortunately, though, as we have heard, there are too many who do not. Sometimes fathers are forced to use sick pay for extended periods, which is far from ideal, and on other occasions, as we have just heard, people are forced back to work.

At an incredibly distressing time when these families need each other the most, we should be doing what we can to support them and allow them to spend that precious and vital time with their babies. As Bliss has highlighted, the main reason why parents on maternity leave return to work before they are ready, and why parents taking paternity leave return to work while their baby is still in neonatal care, is financial pressure.

Bliss estimates that the additional cost of a neonatal stay is around £250 per week by the time we factor in travel costs, buying food and drink at the hospital, extra childcare, and even accommodation costs if the hospital is far from home. That is obviously a significant financial burden, and I am very glad that it was recognised by the Scottish Government when they established the neonatal expenses fund—now the young patients family fund—in 2018.

The Bill will create a new statutory leave and pay entitlement for the parents of babies receiving neonatal care. Employed parents who find themselves in this immensely challenging situation in the future will know that, as a minimum, they are entitled to time off work to care for their babies, and that they will not suffer any repercussions as a result. Crucially, the Bill will allow parents to have protected time off work to care for their children at such a difficult time.

[Darren Henry (Broxtowe) (Con)]

I thank the hon. Gentleman for bringing the Bill forward. I want to express how I much I support what he is trying to do. As somebody who was employed when my wife, who is also a constituent of Broxtowe, had our twin children, who were six weeks premature and one of whom spent three weeks in neonatal care, I strongly support the hon. Gentleman’s Bill.

[Stuart C. McDonald]

As I said, the best arguments come from those with direct experience—they are the most powerful advocates—so I am really grateful to the hon. Gentleman for staying behind this morning and lending his support.

As I said in response to the intervention from my hon. Friend the Member for Glasgow North West (Carol Monaghan), there are some brilliant, supportive and flexible employers out there, such as those who are signed up to The Smallest Things’ “Employer with Heart” charter. I take this opportunity to commend them and ask them to continue to support their employees when these circumstances occur. However, we all know that there are employers who are not as forward thinking—some cannot afford to be—and it is those employers, and the parents who work for them, that we will need particularly to consider when introducing the provisions of the Bill. In short, that is why neonatal care, leave and pay entitlement is not just desirable, but essential to protect and support parents at this very difficult time.

Let me explain to the House in a bit more detail what the Bill and the powers it sets up are designed to achieve. Much of the framework and terminology borrows from other related statutory rights ensuring consistency, compatibility and, hopefully, ease of implementation. I am grateful to parliamentary counsel for their work in drafting the Bill to reflect the important policy goals. Neonatal care, leave and pay will apply to parents of babies who are admitted into hospital at the age of up to 28 days and who have a continuous stay in hospital or in other agreed care settings of seven full days or more. It is intended that eligible parents will be able to take up to 12 weeks of paid leave on top of their other parental entitlements, such as maternity or paternity leave. Neonatal care leave will be a day one right—available to an employee from their first day in a new job. Statutory neonatal care pay, like other family-related pay rights, would be available to those employees who meet continuity of service and a minimum earning test.

Parents will have an entitlement to up to 12 weeks of neonatal care leave—one week for every week that the child spends in neonatal care. That leave will be protected, and a person should not suffer any form of detriment due to taking that leave. As I have said, statutory neonatal care pay will be available to employees who meet continuity of service and minimum earnings tests, and it will be paid at the statutory rate, which is currently £156.66 or 90% of the employee’s average wages, whichever is lower, and that should be uprated in line with increases to statutory payments. That mirrors the existing family leave in pay provisions such as paternity, shared parental, adoption and maternity pay after the first six weeks. Employers will be able to reclaim spending on neonatal pay in a manner similar to other statutory payments.

It is expected that some parents, such as fathers who have only two weeks of paternity leave, may want to take their neonatal leave while their child is still in neonatal care. However, once maternity leave commences, a mother cannot stop it to take neonatal care leave, or she will lose her remaining maternity leave rights. Neonatal care leave will therefore be flexible so that mothers can add it to the end of their maternity leave and other forms of parental leave that they may be entitled to. That flexibility allows an employee to take the leave at a time that best suits them when their child is receiving or has received neonatal care. With that in mind, the Bill provides for the window of time within which neonatal care leave can be taken to be set out in regulations. That will be a minimum of 68 weeks following the child’s birth, ensuring that mothers and fathers have sufficient time to take their neonatal care leave alongside other leave rights that they may be entitled to, rather than having to lose out on any such entitlements.

I do not aim to persuade Members that every single aspect of the design of the scheme is perfect—of course there are arguments that it might not be. There are debates to be had about statutory rights and entitlements and support for the self-employed or workers who are not technically employees. We can debate whether neonatal pay, like leave, should be a day one right. Some might ask whether we should raise levels of statutory entitlements. While 12 weeks of leave and pay will cover the overwhelming majority of cases, others might ask if we can go further.

First, it is important to remember that the Bill and the regulations will set out minimum standards for neonatal leave and pay. Employers can and do already go beyond them, and we encourage them to continue to do that. In any event, while those are all fair questions and issues, they are for another day and relate to statutory rights more generally, not the principle behind introducing this new right.

Today, I hope we will take a significant step forward in expanding the range of statutory family rights to leave and pay—a step that will make a big difference to tens of thousands of families every year for generations to come. There is overwhelming support for this change from families, trade unions, health professionals and employers, and Members of Parliament from all corners of the House support it, too. Indeed, it is a rare and remarkable Bill that will at one and the same time deliver on a specific manifesto commitment of the Conservative party and the SNP.

No more should we be leaving parents to use up maternity and paternity leave travelling great distances to a neonatal ward. There should be no more forcing fathers back to work after two weeks with their newborn still on a ventilator, separating families at a crucial time, no more leaving mum to cope on a neonatal ward facing significant decisions alone and no more depriving babies in neonatal units of the support of both their parents. There should be no more making parents choose unnecessarily between being with their newborn baby in hospital and being able to secure an income through work. This Bill will help thousands of parents each year to spend more precious time with their premature and sick babies, so we need this Bill to succeed for them.

To conclude, I hope that hon. Members on both sides of the House share my desire to ensure that the Bill succeeds. Collectively, we have an opportunity to effect real change. It is our duty to ensure that those who will have to rely on such provision are fully able to do so.

--- Later in debate ---

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

As a member of the all-party parliamentary group on premature and sick babies, and as someone whose family has had experience of these matters, I congratulate my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on choosing paid neonatal care leave as the subject of his Bill, and on putting the case so well and so fully. I also pay tribute to my hon. Friend the Member for Glasgow East (David Linden), the chair of the all-party group, for all his campaigning on an issue which, as we have heard, is also very personal to him.

Given that the Government are supportive and are also keen to get through a number of Bills today, I will not seek to repeat the arguments that have been made so forcefully by the hon. Members for Thornbury and Yate (Luke Hall), for Hartlepool (Jill Mortimer), my hon. Friend the Member for Ayr, Carrick and Cumnock (Allan Dorans), the hon. Member for Charnwood (Edward Argar)—he nearly put the kibosh on the Bill by claiming that it was fulfilling a Conservative manifesto commitment, but we will gloss over that for now—the hon. Member for West Ham (Ms Brown) who has my sympathy; the constituency of my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East is indeed a mouthful, the hon. Member for Watford (Dean Russell), and, obviously, none more so than my hon. Friend the Member for Glasgow East. Instead, I will talk briefly about my family’s experience, and about the good luck that we had on so many levels.

My wife Lynn had pre-eclampsia during both her pregnancies. It was particularly acute during her first pregnancy, with our daughter Emma. The care that she received when she was eventually admitted was exemplary. I could not fault it; it was fantastic from start to finish. However, when my wife was first sent to hospital by her GP, having presented feeling nauseous and light-headed and with various other symptoms, she was not taken entirely seriously when she got there. Her blood pressure was up and down, and at one point her condition was diagnosed as “white coat syndrome” and she was sent home. But she knows her own body, and she did not feel right at all, so she made a phone call, went back to the hospital, and was eventually admitted.

Emma was born six and a half weeks early, in an emergency caesarean. Thankfully, she seemed healthy for a baby born so early, in comparison with many even smaller babies whose care was more critical and more urgent. She was certainly loud enough, although our youngest, Eilidh, has since managed to beat her quite convincingly on the decibel front. My ears can attest to the fact that that has not changed throughout the last nearly 16 years and 12 years respectively. They will be grateful for that!

Once Emma was born, my wife sent me straight back to work. My hon. Friend spoke of the choices that we are forced to face in these circumstances. My wife wanted my paternity leave to coincide with her arriving home from hospital with Emma, so that I could help around the house following her caesarean. As other Members have mentioned, it does not feel natural in the slightest to go back to work when a small, fragile baby girl is in an incubator and an exhausted wife is recovering from surgery, but back to work I went, because we do as we are told—sometimes.

[Darren Henry]

I am a former member of the all-party group, because the subject is important to me as well, but may I make a point about work and productivity? Does the hon. Gentleman believe that people who have been through this experience and have been afforded the necessary space will then go back to work and be more productive? Does he believe that other employees, seeing that happening, will feel that they need not make a choice between work and family, will see this as a compassionate society, and will do better work as a result?

[Gavin Newlands]

I could not agree more, but my productivity probably could not be measured in that way, because I had gone back to work. Having done so, I spoke with colleagues, receiving their congratulations and so on. Not long after my return, I was called into the office by my boss Thomas, who sent me straight back to the hospital, saying that my place was by Lynn’s side, supporting her. Moreover, he said that I was not to worry about leave or money, and I was given additional paid leave for as long as I required it. My wife’s boss similarly ensured that her maternity leave started at the originally planned date.

This was not policy, in either case; the additional leave was given at those bosses’ discretion. I want to thank Thomas Kelly and Steve Tomlin for their empathy and for their support. We were extremely lucky to have such empathetic bosses, but as others have said, it should not be down to luck.