2. Checking eligibility for leave
A parent with the legal status of employee has the right to up to 12 weeks of neonatal care leave.
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
Someone with the legal status of worker may be entitled to neonatal pay.
Find out more about neonatal care pay
Entitlement to leave
Employees have the right to neonatal care leave from their first day of starting a job.
They can take up to 12 weeks leave and pay depending on how long their baby needs neonatal care for.
Some employers may have enhanced neonatal care leave entitlement. For example, some employers might allow employees to take neonatal care leave from the first day the baby is in care.
Criteria for neonatal care leave
To be eligible for neonatal care leave, an employee's baby must begin receiving neonatal care within 28 days of their birth. This will start from the day after birth.
The care must be for at least 7 consecutive days.
Multiple births
Parents can take the same amount of neonatal leave even if more than 1 baby is taken into neonatal care. For example, twins taken into neonatal care at the same time.
If there are multiple but separate births, then leave can be taken for each child.
Example of multiple births and neonatal care leave
For example, Adi has given birth to triplets. 2 of the triplets are taken into neonatal care immediately for 2 weeks. This means Adi will be able to take 2 weeks of neonatal care.
3 weeks after their birth, the third baby is taken into neonatal care for a week. Adi is now eligible for 3 weeks of neonatal care. Adi gives notice for all 3 weeks to be added onto the end of their maternity leave.
Adoption
Both primary and secondary adopters or single adopters are eligible for neonatal care leave.
The first 7 days of neonatal care need to start after the adoption placement date.
Parents need to take the leave before the end of 68 weeks from the date the child is placed with the adopter.
Overseas adoptions
For overseas adoptions, the leave needs to be taken before the end of 68 weeks from the date the child enters Great Britain.
Adopting more than 1 child
Parents can take the same amount of neonatal leave even if they adopt more than 1 baby in the same placement who is taken into neonatal care. For example, twins taken into neonatal care at the same time.
If there are multiple but separate adoption placements, then leave can be taken for each child up to a maximum of 12 weeks.
Surrogacy
Intended parents in a surrogacy will be eligible for neonatal care leave if they:
- have applied for a parental order
- intend to apply for a parental order within 6 months of the child's birth
Both intended parents are eligible for neonatal care leave.
The first 7 days will start from the date of birth. Parents need to take the leave before the end of 68 weeks from the date of birth.