From 06 April 2025, a new statutory entitlement to Neonatal Care Leave and Pay for parents whose babies require neonatal care is coming into force. This new right is in addition to existing parental leave entitlements.
Below are ‘frequently asked questions’ in relation to this new entitlement:
1. What is neonatal care leave?
Neonatal care leave allows eligible employees to take time off work when their baby requires neonatal care. This leave is in addition to other family leave entitlements, such as maternity and paternity leave.
2. Who is eligible for neonatal care leave?
All employees who are parents of a baby that is born on or after 6 April 2025 and whose baby is receiving neonatal care, would be eligible for neonatal care leave.
This includes parents that are the biological / adoptive / surrogate / partners with caring responsibilities of the baby.
3. What qualifies as neonatal care?
Where the baby is receiving medical care associated with the hospital.
The neonatal care must begin within 28 days of the baby’s birth and continue for at least seven consecutive days.
4. How much neonatal care leave am I entitled to?
The amount of leave depends on the duration of the baby’s neonatal care:
- One week of leave for each full week the baby receives neonatal care
- Up to a maximum of 12 weeks of leave
This leave must be taken within 68 weeks of the baby’s birth.
5. Am I entitled to pay during neonatal care leave?
To qualify for statutory neonatal care pay during leave, the employee must have 26 weeks of continuous service with their employer (15 weeks before the expected week of childbirth). Refer to the government website for the current rate of pay entitlement.
6. How do I notify my employer about neonatal care leave?
Employees must inform their employer about their intention to take neonatal care leave, providing details such as:
- The baby’s birth date.
- The start date of neonatal care.
- The expected duration of the leave.
Employees should refer to their policy or speak to their HR teams.
7. Can neonatal care leave be taken at any time?
The employee can take leave at any point within the 68 weeks of the baby’s birth.
8. What protections do I have during neonatal care leave?
Employees have protected employment rights, including the right to remain on the same terms and conditions of their employment, and return to their original job after leave ends.
It would be unlawful for the employer to dismiss the employee or treat them unfairly due to them taking leave.
We would recommend that any questions relating to the entitlement of neonatal care leave and pay are directed to your legal or HR teams in the first instance.
Read more on Neonatal Care Leave and Pay in our recent blog.
For a policy please complete our enquiry form. Our team will contact you to discuss further.