Key takeaways
New neonatal leave starts April 2025
Parents of hospitalised newborns gain extra paid time off.
Up to 12 weeks’ leave for eligible employees
Supporting families during extended neonatal care periods.
Employers should update policies now
Prepare payroll and HR systems for upcoming statutory changes.
The government recently announced that neonatal leave and pay will come into force as planned in April. Draft regulations have been laid before parliament which, subject to amendment, give eligible employees a day-one right to one week of neonatal care leave and pay (paid at the flat statutory rate, subject to eligibility), for each continuous week of neonatal care their baby receives up to a maximum of 12 weeks (The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025; The Statutory Neonatal Care Pay (General) Regulations 2025).
Neonatal care leave and pay will be available to parents of babies born on or after 6 April 2025. The new regime will apply in England, Scotland and Wales. Subject to parliamentary approval of the draft regulations, in summary:
Neonatal care leave
To qualify for neonatal care leave:
the individual must be an employee
the child must enter neonatal care when they are 28 days’ old or less
the neonatal care must last for a continuous period of at least one week
the employee must have a qualifying parental or other personal relationship with the child (i.e., at the date of the child’s birth, the employee is the child’s actual or intended parent, or the partner of the child’s mother, and they intend to have sole/joint responsibility for the child’s upbringing)
the employee must comply with the notice requirements
the employee must be taking leave to care for the child (unless they are taking accrued neonatal leave after the child dies)
the neonatal leave must be taken in the period running from day nine of the child entering neonatal leave and ending 68 weeks after the child’s birth
Neonatal care includes:
medical care received in a hospital
medical care received in any other place which meets all the following criteria:
the child was an inpatient in hospital and the care is received upon that child leaving hospital
the care is under the direction of a consultant
the care includes ongoing monitoring by, and visits to the child from, healthcare professionals arranged by the hospital
palliative or end of life care.
This expressly includes any time spent being transported between these places.
An employee who intends to be absent on neonatal care leave must give the following notice:
Tier 1 period (i.e. whilst in/within one week of exiting neonatal care): in respect of each week of leave, notice must be given before the employee is due to start work on the first day of absence (or as soon as it is reasonably practicable to give notice)
Tier 2 period (i.e. more than one week after leaving neonatal care to 68 weeks from birth):
for a single week of neonatal leave - notice must be given no later than 15 days before the first day of leave; or
for two or more consecutive weeks of neonatal leave, notice must be given no later than 28 days before the first day of leave.
As expected, the regulations contain ‘mirror’ provisions for adoptions.
Neonatal leave is additional to any other forms of statutory family leave employees may be entitled to (e.g. maternity, paternity, adoption, shared parental or parental bereavement leave).
Employees have the right to return to the same job (or, in certain circumstances, to return to a suitable and appropriate alternative job).
Employees are protected from detriment or dismissal relating to taking neonatal care leave. Employees who are taking or have recently returned to work from neonatal care leave are entitled to be offered suitable alternative employment if they are selected for redundancy, in priority to other employees (although other employees may be entitled to similar protection).
Neonatal care pay
An eligible employee is entitled to one week of statutory neonatal care pay (SNCP) for every continuous week the child is in receipt of neonatal care, up to a maximum of 12 weeks. SNCP is paid at a fixed statutory rate.
The eligibility requirements for SNCP mainly mirror those for neonatal care leave but to be eligible for SNCP the employee must also have:
at least 26 weeks’ continuous service
received normal weekly earnings of at least the lower-earnings limit across an eight week reference period
How our employment lawyers can support you
If you’re experiencing any issues in relation to neonatal care leave, our experienced employment lawyers can provide invaluable guidance and ongoing support.
From addressing complex legal issues, to providing clear and practical advice, our team will be by your side, wherever you are, to guide you toward the best outcome for your business.
