Neonatal care leave and protection against detriment or dismissal

Protection while on neonatal care leave

Employees are protected from suffering a detriment or dismissal for taking, or seeking to take, neonatal care leave.

Detrimental treatment

Your employer must not subject you to any detriment by doing something (or deliberately not doing something) because you took, or wanted to take, neonatal care leave.

Examples of detrimental treatment include denial of promotion, facilities or training opportunities that your employer would normally have made available to you.

If you believe your employer has treated you detrimentally under these circumstances, you should raise a grievance with them.

Dismissal and neonatal care leave

Your employer must not dismiss you or select you for redundancy because you took or wanted to take neonatal care leave, or prevent you returning to work.

If your employer dismisses you in these circumstances, you can start an employment tribunal claim for unfair dismissal, regardless of how long you've worked for them.

Redundancy during or after neonatal care leave

If a redundancy situation arises while you're on neonatal care leave or within the additional protected period, you'll be entitled to be offered (as opposed to just have the right to apply for) alternative employment if there's a suitable alternative vacancy. The vacancy must be offered before your existing contract ends and must start immediately after the end of that contract.

The additional protected period will begin with the day after you've taken 6 consecutive weeks of neonatal care leave (so it won't apply if you've taken a shorter period of leave) and finish 18 months after the child's birth or placement date (for adoptions).

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