Understanding neonatal care leave: a lifeline for parents

Bringing a new baby into the world is a magical experience, but it can also be a whirlwind of emotions and challenges, especially when your little one needs extra medical care. That’s where neonatal care leave comes in—a vital support system designed to help parents navigate this critical time.

The Department for Business and Trade has confirmed that a day one right to neonatal leave for working employees with babies in neonatal care from 6 April 2025. This leave is in addition to the standard maternity and paternity leave, acknowledging the unique needs of families with babies requiring extra care.

What is neonatal care leave?

Neonatal care leave allows parents to take time off work to care for their newborns who need medical attention. This right will apply to children of parents born on or after 6 April 2025. Neonatal care must have taken place or begun within the first 28 days after birth and includes:

1. Medical care received in a hospital
2. Continuing care after leaving the hospital which must be under the direction of a consultant, and includes ongoing monitoring and visits from healthcare professionals; and
3. Palliative or end-of-life care.

How to access neonatal care leave

Neonatal care leave can be taken after a baby has received 7 days of uninterrupted care, counted from the day after neonatal care started.

The availability and duration of neonatal care leave can vary. Here are some general steps to access this leave:

1. Check eligibility

To be eligible, the employee must have a qualifying relationship with the child and be either:

• The child’s parent, intended parent, or partner of the child’s mother at the date of birth; or
• The child’s adopter, prospective adopter (or the partner of the adopter or prospective adopter) at the date of placement.

An employee must also comply with notice requirements, including:

• The child’s date of birth (or date of placement/entry into Great Britain if adopting);
• The date the child started and ended (if applicable) receiving neonatal care;
• The date the employee wishes to start their neonatal care leave (and pay);
• The number of weeks of leave (and pay) the notice covers;
• Confirmation that the leave is being taken to care for the child (unless an exception applies); and
• Confirmation that the employee is eligible to take the leave (and pay) due to their relationship with the baby.

The employer and employee can agree to mutually waive any notice requirements, which employers may decide to do in practice given the comprehensive requirements and the already stressful situation employees may be facing.

2. The tier system

Eligible parents can take one week’s neonatal care leave for every uninterrupted week a baby receives neonatal care, up to a maximum period of 12 weeks. The leave can be taken up to 68 weeks from the baby’s date of birth (or placement or entry into Great Britain in the event of overseas adoption).

There will be a two-tier system for neonatal care leave:

• Tier 1: Begins when a child starts receiving neonatal care and ends on the seventh day after they have been discharged. Leave in this period is non-continuous and can only be taken in non-continuous blocks of a minimum of one week.
• Tier 2: Any other time after the tier one period ends in which an employee is entitled to take neonatal care leave. Leave in this period must be taken in one continuous block of a whole number of weeks.

Statutory neonatal care pay

Alongside the Neonatal Care Leave entitlement, Statutory Neonatal Care Pay will also be available to eligible employees who meet certain criteria. This pay is not a day one right and requires:

• 26 weeks’ service; and
• Normal weekly earnings over an eight-week period of not less than the lower earnings limit. (£125 per week from 6 April 2025).

There are also set notice requirements that need to be complied with although, once again, the employer and employee can agree to mutually waive any notice requirements.

Read our article on all the employment law updates that come into effect April 2025.

How much is statutory neonatal pay?

The weekly rate of statutory neonatal care from 6 April 2025 will either be £187.18; or 90% of average weekly earnings where average weekly earnings are less than £187.18.

As with other types of leave, an employer can provide enhanced neonatal pay, paying their employees above their statutory entitlement.

Protections for employees

Employees will be protected with regards to exercising their rights to take neonatal care leave, in a similar way to those taking other types of family leave entitlements. Namely:

1. When taking their neonatal care leave, employees will be entitled to the same terms and conditions of employment except for their normal pay;
2. It will be automatically unfair to dismiss an employee for a reason connected with the fact they have taken neonatal care leave; and
3. After an employee has taken 6 continuous weeks of neonatal care leave, they will benefit from enhanced protection against redundancy, such as the right to be offered a suitable alternative vacancy.

Conclusion

Neonatal care leave is more than just time off work—it’s a lifeline for parents navigating the complexities of caring for a newborn with medical needs.

Employers need to be providing training to managers and employees, updating their policies, and making sure that they understand the implications of this new leave on their business. It is vital that employers familiarise themselves with these new rights and also ensure that are comply with other laws as a result of the new regulations, such as data protection requirements in relation to a baby’s medical requirements.

For assistance with drafting a neonatal care policy or to receive further advice, please contact our employment team.