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Posted: Fri 11th Apr 2025
5 min read
As of 6 April 2025, new legislation introduced essential provisions for parents of babies who require neonatal care in the UK.
This initiative aims to support families during a critical and often stressful time. Here’s a detailed look at what neonatal leave entails, who qualifies, eligibility, pay during this period and how it interacts with maternity and paternity leave.
Neonatal Leave allows parents to take time off work when their newborn requires care in a neonatal unit. This leave is particularly relevant for parents whose babies are born prematurely, have a medical condition, or require additional treatment after birth.
To qualify, employees must meet specific criteria:
You must be an employee, rather than a self-employed individual or contractor
This is a day 1 right, and so an employee does not need to have been employed for a certain period of time
Employees can start their Neonatal Leave once their baby is admitted to a neonatal care unit. The leave must be taken within a 68-week period following the child’s birth, allowing parents to take the necessary time when their baby requires it most.
Parents are entitled to up to 12 weeks of neonatal leave. This leave can be taken at any point during the first 68 weeks after birth. One week’s leave is accrued for each 'qualifying period'.
Two different tiers of leave will apply:
Tier 1
Timing: This period starts when the baby begins receiving neonatal care and ends seven days after the baby stops receiving care.
Flexibility: Leave during Tier 1 can be taken in non-continuous blocks of at least one week.
Notice: For each week of absence during the Tier 1 period, the employee must provide their notice before they are due to start work on their first day of absence in that neonatal care leave week or, where this is not possible, as soon as reasonably practicable.
It is expected that you will see more fathers taking this leave as mothers are likely to be on maternity leave at this time and so more like to add their leave entitlement as Tier 2 leave at the end of their maternity period.
Tier 2
Timing: This period applies to any remaining leave entitlement that is not taken during Tier 1.
Flexibility: Leave during Tier 2 must be taken in one continuous block.
Notice: For Tier 2 leave, the employee must give their employer 15 days' written notice for one week of leave and 28 days' written notice for two or more consecutive weeks of leave.
It is expected that this is where you will see employees tagging leave to the end of other family-friendly leave, such as maternity leave.
Neonatal Leave is designed to complement existing maternity or paternity leave provisions. Parents can opt to take it immediately after their statutory maternity or paternity leave ends, or if they have not yet exhausted that leave, they may choose to start their Neonatal Leave at any time. Parents will be able to manage their time off to best support their family’s needs.
During Neonatal Leave, eligible parents can claim Statutory Neonatal Care Pay (SNCP) for the first 12 weeks, provided they meet the qualifying criteria, including average earnings. The pay rate will be aligned with the current laws regarding maternity and paternity pay, ensuring some financial support during what can be a challenging time.
You must add to your existing company handbook or policies with a new Neonatal care leave and pay policy. This will set out transparently for all your employees what the new legislation is, who qualifies, how leave is accrued and taken and how pay will be applied for the period of absence. This should also cover aspects like the required notice periods for taking the new leave and any other related requirements you may have in terms of contact, for example, with employees whilst they are on approved leave.
