Support for working families coping with neonatal care

Government announces implementation of statutory neonatal care leave and pay from 6 April 2025.

This new family friendly entitlement sits aside other family friendly entitlements and is designed to support families during the challenging times when their newborn child requires specialised medical attention shortly after birth.

The Regulations setting out the detail of how the new statutory right will work are still in draft form subject to Parliamentary approval; however, they mirror closely other family friendly rights and are unlikely to be controversial.

What is neonatal care?

Neonatal care is defined as medical care received in a hospital or outside of hospital but under the direction of a consultant after a period of in-patient treatment, or palliative or end of life care, that starts within 28 days of the birth of the child.

Who is eligible?

Parents will be eligible if their baby is born on and after 6 April 2025 and admitted to neonatal care within the first 28 days after the birth, with a hospital stay of seven full days or more. Parents includes biological parents, the mother’s partner if they will have responsibility for the child’s upbringing, prospective adoptive and adoptive parents and intended parents in surrogacy arrangements.

The right to take neonatal care leave is a day one right and so there is no minimum length of service requirement. See the section on neonatal care pay below for details of the minimum service requirement for statutory pay to be applicable.

How much leave is available?

Eligible parents can take up to a maximum of 12 weeks’ neonatal care leave per parent in addition to existing family friendly leave arrangements such as maternity and paternity leave. Leave will be accrued in relation to the number of weeks the baby stays in neonatal care; a six week stay in hospital receiving neonatal care will entitle the parents to an additional six weeks’ neonatal care leave.

When can neonatal care leave be taken?

The leave can be taken within a 68-week window starting from the day the child is born, which gives the parents the opportunity to plan around their family commitments and other leave entitlements.

The leave and notice requirements vary depending on whether the parent takes leave in “tier one” or “tier two” periods.

Tier one period covers the period while the baby is receiving neonatal care and the week afterwards. Employees have a higher degree of flexibility during the tier one period; they do not have to give their employer advanced notice of leave and leave at this time can be taken as non-consecutive weeks if the employee wishes. It is likely the mother will be on maternity leave during this period but the partner may seek to take neonatal care leave at this time.

Tier two leave is less flexible. Weeks can only be taken consecutively and employees must give 15 days’ notice of a single week off and 28 days’ notice of two plus weeks leave. 

Irrespective of when leave is taken employees have a duty to give the following information;

• Baby’s date of birth

• Start and end date of neonatal care (if known)

• How much leave they want to take

• Confirm their eligibility to take leave and the fact they need the leave to care for their baby

If tragically the baby dies after a parent has become entitled to neonatal care leave they are still entitled to take that leave.

Neonatal care pay entitlement

While neonatal care leave is a day one right, neonatal care pay is only available to those employees with over 26 weeks’ continuous service with their employer and who earn over the national insurance lower earnings limit. It will be paid at a flat rate currently £187.18 per week or 90% of average weekly earnings if that is less.

Employment protection while on neonatal care leave

Employees have similar protections whilst taking neonatal care leave as when on maternity, paternity or shared parental leave:

• Existing terms and conditions (except pay) continue while on leave;

• Protection against dismissal and/or detrimental treatment because they have taken/sought leave; and

• Enhanced redundancy protection and right to be offered suitable alternative vacancy if their roles are redundant while on neonatal care leave. Additionally, all employees have an extended period of protection for 8 months after the baby’s birth when they have previously taken at least six consecutive weeks of neonatal care leave.

For families with babies in neonatal care this is a highly emotional and challenging time. Parents can often feel cheated of the time with their baby in the early stages of maternity leave. Neonatal care leave gives more space to families both when the baby is first born or later when hopefully the situation is more stable. It is important that employers prepare for such absences where they can and familiarise themselves with the protections afforded to parents in these situations.

With the imminent arrival of this new statutory entitlement, now is the ideal time for employers to dust down their family friendly policies and ensure they are meeting at least the statutory requirements for the various types of leave available. Please contact the Wrigleys’ employment team if you would like us to review your existing policies or to advise on drafting new policies.