NEW NEONATAL CARE LEAVE AND PAY
New Neonatal Care Leave and Pay: What You Need to Know
Starting from 6 April 2025, new laws came into effect to help parents whose babies need special medical care after birth. This is thanks to the Neonatal Care (Leave and Pay Act) 2023 and some additional rules.
What is Neonatal Care?
Neonatal Care is the medical care given to newborns within the first 28 days of their life. This can include:
Care in a hospital.
Care at home or another place, as long as it’s under a doctor’s supervision and involves regular check-ups by healthcare professionals.
Palliative or end-of-life care.
Neonatal Care Leave
Parents can now take time off work while their baby is receiving Neonatal Care. This right starts from day one of employment i.e. there is no need for employees to have worked for a certain period of time for their employer before qualifying for the leave.
Who can take Neonatal Care Leave?
You can take this leave if you are:
The baby’s parent.
The partner of the baby’s mother.
An intended parent in a surrogacy arrangement.
The baby’s adopter or prospective adopter.
The partner of any of the above.
To qualify, the baby must start receiving neonatal care within 28 days of birth and it must continue for at least seven days.
“There is guidance available from ACAS and the government to help both employers and employees understand these new rights…By following these steps, employers can help families during challenging times and create a supportive work environment.”
How long can employees take?
Employees can take one week of leave for each week their baby is in neonatal care, up to a maximum of 12 weeks. This leave can be taken all at once or in chunks, depending on the situation.
Neonatal Care Pay
Employees will be eligible for Statutory Neonatal Care Pay if they have worked for their employer continuously for at least 26 weeks by the “relevant week” and earn above the Lower Earnings Limit set by the Government. As of April 2025, the Lower Earnings Limit is £125 per week. The statutory pay rate for Neonatal Care Pay will be the lower of £187.18 per week or 90% of the employee’s average weekly earnings. This mirrors the pay structure for other statutory leave entitlements, such as Statutory Maternity Pay.
Notice requirements for taking leave
There are two types of notice periods for taking neonatal care leave:
Tier 1: This covers the period beginning with the day the baby starts receiving neonatal care and ending on the seventh day after the day the baby stops receiving neonatal care.
Notice must be given in respect of each week of such leave before the employee is due to start work on the first day of absence in that week or as soon as reasonably practicable. There is no requirement for the notice to be in writing.
During this period, neonatal care leave can be taken in non-consecutive blocks of a minimum of one week. Any remaining entitlement to SNCL may be taken in the tier 2 period but must be taken consecutively (see below).
Tier 2: This period starts after Tier 1 and lasts until 68 weeks after the baby’s birth. Employees need to give written notice in advance as follows:
15 days’ notice for one week of leave.
28 days’ notice for two or more consecutive weeks of leave.
Protection from unfair treatment
Employees are protected from being treated unfairly or being dismissed because they take or plan to take Neonatal Care Leave.
Guidance and support
There is guidance available from ACAS and the government to help both employers and employees understand these new rights. Links to these additional guidance documents can be found here:
What the law says - Neonatal care leave and pay - Acas
Neonatal Care Pay and Leave: Overview - GOV.UK
Interplay between Neonatal Care Leave and other types of leave
An Employee taking another form of statutory family leave, including maternity leave, may add a period of neonatal care leave onto the end of that leave (provided that the neonatal care leave is taken within the first 68 weeks after the child's birth).
What Employers should do
To comply with the new law and support employees, employers should:
Update Policies: Make sure your family leave policies include Neonatal Care Leave and Pay. Consider creating a specific policy for this, detailing who is eligible, how to apply, and the notice requirements.
Communicate Clearly: Inform your employees about their new rights through various communication channels and training sessions.
Train Managers and HR: Ensure that managers and HR teams understand the new rules and can handle leave requests properly.
Offer Additional Support: Consider providing extra support, such as counselling services or flexible working arrangements, to employees taking Neonatal Care Leave.
Enhanced Financial Support: Think about offering more than the statutory minimum pay, such as paid special leave for the first seven days of Neonatal Nare or financial support for those who don’t qualify for statutory pay.
By following these steps, employers can help families during challenging times and create a supportive work environment.