What the law says
A baby might get neonatal care if they:
- are born early
- are ill or injured when they are born
- have a low birth weight
- the delivery was difficult
Neonatal care leave allows parents to have additional time off to be with a baby who is receiving neonatal care. The law is the Neonatal Care (Leave and Pay) Act 2023. It comes into effect on 6 April 2025.
The right to take neonatal care leave applies from the first day of work. Eligible parents can take neonatal care leave once their child has been in neonatal care for at least 7 consecutive days.
Parents who have a baby admitted to neonatal care up to the age of 28 days might be eligible for up to 12 weeks of leave. This includes fathers and partners of birth parents.
What neonatal care includes
Neonatal care could include:
- medical care received in a hospital
- care given to the baby after leaving hospital, under the direction of a consultant
- ongoing monitoring and visits by healthcare professionals arranged by the hospital
- palliative or end-of-life care
Neonatal care might not take place in a neonatal unit. If a baby under 28 days starts receiving neonatal care, parents will be eligible to take neonatal care leave.
Eligible parents
Parents who have shared or sole responsibility for a child are eligible. This includes if they are:
- the mother or birth parent
- the father
- married to, the civil partner of or partner of the mother or birth parent – this includes same-sex partners
- adopting a child, including fostering to adopt
- intended parents in a surrogacy
Each eligible parent will be entitled to a separate amount of leave. This includes parents who work for the same employer.
This is additional to other types of parental leave and pay.
How much leave employees can take
Parents will be able to take a minimum of 1 week, and a maximum of 12 weeks leave. This will depend on how long their baby is getting neonatal care.
Parents will get 1 week of leave for each week the baby is in care, up to a maximum of 12 weeks.
The baby must be in care for at least 7 consecutive days. If a parent has already booked statutory parental leave, neonatal care leave can be added to the end of this.
Example of calculating neonatal care leave entitlement
Im's baby is born on 7 April and needs neonatal care straight away. Their baby is in neonatal care until 22 April.
The 7 consecutive days starts on 8 April and ends on 15 April. The baby has been in neonatal care 2 complete weeks including the first qualifying days. Im has accrued 2 weeks of neonatal care leave in total.
If parents have not already booked family or carer's leave
Parents are not eligible for neonatal care leave until their baby has been receiving care for 7 days or more. Each week of leave is taken in arrears.
Parents who are not already on leave might need to take another form of leave for the first 7 days. For example, time off for dependants, annual leave or special leave.
2 tiers of leave and pay
Leave and pay can be taken in 2 tiers:
- tier 1 is for the period when the child is still receiving neonatal care, and including 1 week after the care has ended
- tier 2 is for the period outside tier 1 and before the end of 68 weeks from the date of the child's birth
Example of tier 1 leave
Pat's baby is born early and is in neonatal care for 4 weeks in total from birth. Pat takes 2 weeks of paternity leave straight after the birth. They then take a further 2 consecutive weeks of neonatal care leave when their paternity leave ends. Pat has 2 more weeks neonatal care leave accrued to take at a later time.
Example of tier 2 leave
Pat's baby is now at home after 4 weeks in total in neonatal care. Pat gives notice to take the remaining 2 weeks of neonatal care in 1 month's time. This allows Pat to take time off as soon as they can to continue the baby's at home care.