What You Need to Know About the Neonatal Care Leave and Pay Regulations
24 Mar 2025
It’s two years now since the Neonatal Care (Leave and Pay) Act 2023 became law and we’ve been waiting to see exactly how it will work in practice.
Well, the wait is over.
With the Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 now published, here’s what employers need to know ahead of the regulations coming into force on April 6 2025 (subject to parliamentary approval).
Background
In some cases, when a child is or was in neonatal care and parents’ statutory leave ends, they have been forced to take annual leave, unpaid leave, or even sick leave to look after their child.
It’s also been claimed that some mothers have had to leave their jobs when their maternity leave ended because they weren’t ready to return to work. Neonatal care leave and pay were introduced to fill this gap after campaigning by various groups.
Legislation on extended leave for neonatal care has been on the table for years, but it wasn’t until a Private Members’ Bill, put before Parliament in 2022 by Stuart McDonald SNP MP and later backed by the government, that formal steps were taken.
The Neonatal Care (Leave and Pay) Act 2023 then became law.
Introducing Neonatal Care Leave and Pay
Subject to parliamentary approval of the regulations, which means some amendments might still happen, neonatal care leave and pay will come into force for children born on or after 6 April 2025.
There’s no qualifying service required for the leave, though there is for Statutory Neonatal Care Pay.
To qualify, neonatal care must start before the end of 28 days beginning with the day after the child’s birth. This includes palliative or end-of-life care or medical care received in a hospital or another place under the direction of a consultant, including ongoing monitoring by healthcare professionals.
Entitlement and Duration of Neonatal Leave
Employees are entitled to one week of leave for each “qualifying period” the child receives neonatal care, which is any period of seven days during which the child receives care without interruption. To be entitled to the leave, employees must be:
The child’s parent, intended parent, or the partner of the child’s mother at the date of birth.
In cases of adoption, the child’s adopter, prospective adopter, or their partner at the date the child is placed.
An overseas adopter or their partner at the date the child enters Great Britain.
A maximum of 12 weeks’ leave is available and must be taken within 68 weeks beginning with the child’s date of birth. For adoption, qualifying periods must be after the date the child is placed.
Two Tiers of Leave
There are two tiers of neonatal care leave:
Tier One: Begins with the day the child starts receiving care and ends seven days after they stop.
Tier Two: Any leave not taken as Tier One and must be taken consecutively.
Notice Requirements
Employees must give notice to take neonatal care leave and pay, specifying details such as the child’s date of birth/adoption, the date(s) the child started receiving care, and the intended dates of leave.
Different notice periods apply for Tier One and Tier Two leave. For Tier One, notice must be given before starting work on the first day of absence unless impractical. For Tier Two, a single week of leave requires 15 days’ notice; two or more weeks require 28 days’ notice.
Interrelation with Other Statutory Leaves
If neonatal care leave accrues after starting another statutory family leave, it can be taken after that leave within 68 weeks from the child’s birth/placement. If another statutory leave starts during neonatal care leave, it will end immediately, but any remaining entitlement can be taken immediately after the statutory leave period.
Rights and Protections
Employees have similar protections during neonatal care leave as other statutory family-related leaves, including the right not to suffer detriment or dismissal and the right to return to the same or a comparable job.
Statutory Neonatal Leave Pay
Statutory Neonatal Leave Pay is available to those who:
Had 26 weeks’ continuous employment ending with the relevant week.
Had average earnings not less than the lower earnings limit for the eight weeks ending with the relevant week.
Up to 12 weeks’ pay is available, calculated from the week immediately before neonatal care starts.
Next Steps for Employers
Employers should start preparing to implement this right, although it’s best to wait for final regulations before finalising any documentation, as changes may still occur.
