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What is Neonatal Care Leave?


The UK government has introduced the Neonatal Care (Leave and Pay) Act 2023, set to take effect on 6 April 2025. Representing a significant change how employers manage parents needing time off for new babies, the new legislation grants parents of newborns requiring neonatal care enhanced leave and pay rights, taking a step forwards to ensuring they can support their infants during critical early days without employment concerns. It’s important for both employers and employees to understand the new rules, this blog sets out the key elements tha you nee to know.


Why does the new Act matter?


Having a newborn child admitted to neonatal care can be an extremely stressful experience. Until now, many parents faced the dilemma of returning to work or using up other types of leave during this critical time. The new legislation recognises the importance of allowing parents to be present without added financial or job security worries, placing new requirements on employers too. .


What is Neonatal Care?


Neonatal care refers to specialist medical care provided to newborns, often in neonatal intensive care units (NICUs) or special care baby units (SCBUs), typically due to premature birth, low birth weight, or health complications.


Who is eligible for Neonatal Care Leave?


Available from the first day of employment, Neonatal Care Leave (NCL) is accessible to parents, including biological, adoptive, and intended parents via surrogacy, whose babies are admitted to neonatal care within 28 days of birth for a continuous period of seven days or more.


How much leave can parents take?


Eligible employees can take up to 12 weeks of NCL, in addition to existing parental leave entitlements.


Neonatal Care Leave is taken in addition to existing parental leave entitlements such as maternity, paternity, and shared parental leave. This means it won’t reduce the time parents can take off under those schemes, but rather adds to it if their baby requires neonatal care.


When does neonatal care leave need to be taken?


Leave must be taken within 68 weeks following the child's birth.


Is Neonatal Care Leave paid?


Employees with a minimum of 26 weeks continuous service and average weekly earnings above the lower earnings limit are entitled to statutory pay. Whilst these are the statutory amounts, employers might choose to enhance these payments. If you choose to pay more just make sure your consistent and make the same enhancements for everyone.


What should employers do next?


  • Policy Updates- Update your family friendly policies to make sure that you cover the new requirements around neonatal care leave.

  • Educate your Managers- make sure your people managers are aware of the changes so they understand the new provisions

  • Educate your people- make sure your people are aware of the new entitlement so they’re able to use it when they need it most

  • Payroll- make sure your payroll department/ provider are made aware when any of your people are on Neonatal Care Leave


Want to know more?


Check out the full legislation here: https://www.legislation.gov.uk/ukpga/2023/20


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Disclaimer

  • All information within the post is provided for guidance only; always seek your own legal advice.

  • The information with this post was correct at the time of publishing, April 2025 but may be subject to change.


 
 
 

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