Neonatal care leave and pay: what it is, when it applies from and who it applies to

On 20 January 2025, the government released a press release which stated that “Thousands of working families with babies in neonatal care will be entitled to additional time off as a day one right.”

What is neonatal care leave?

Neonatal care is care of a medical or palliative kind that starts within 28 days of a child’s birth. Statutory neonatal care leave will allow parents to take up to 12 weeks’ leave from work if their baby has received, or is receiving, neonatal care. Depending on eligibility, employees could also receive statutory neonatal care pay, at an initial rate of £187.18 or 90% of the employee’s average weekly earnings, whichever is the lower.

When does neonatal care leave start?

As of 6 April 2025, new rights, following the passing of the Neonatal Care (Leave and Pay) Act in 2023, will be granted. However, given the difficulties that many families face when caring for a newborn in hospital and those otherwise in need of such care, some employers are looking to make changes imminently.

Who will neonatal care leave apply to?

These new rights will, importantly, be available to both parents and in addition to any other family-related leave, e.g., maternity, paternity and adoption leave. Neonatal care leave must be taken within 68 weeks of a child’s birth.

Whilst the new rights will be available to employees from their first day of employment, eligibility requirements will apply, including that, by the end of the week before a child’s admission into neonatal care, an employee must have 26 weeks of continuous service.

What should employers be aware of?

Before these changes come into effect, you should consider if you want to implement the changes even sooner than April 2025 and, if you provide enhanced pay for other types of family-related leave, whether you will consider aligning this and enhancing the pay for parents taking neonatal care leave.