According to new rules, parents will now be entitled to neonatal care leave from "day one" of their work – April 2025 

On April 6, 2025, the right to neonatal leave and pay (for qualified parents) is scheduled to take effect.

At present, there exists no explicit statutory entitlement to leave or payment for parents whose newborns require specialised neonatal care following delivery. This indicates that numerous parents are forced to resume their job responsibilities while their infants remain hospitalised and sick. Parents in this circumstance may need to utilise their established entitlements to family-related leave and salary, such as maternity, adoption, or paternity leave, as well as unpaid parental leave or compassionate leave, to provide care for their infant.

In practice, this has resulted in inequitable outcomes during an already challenging period. For example, if an infant is born two months prematurely, new mothers would generally be required to utilise their maternity leave entitlement, without the option to reclaim this period. This would indicate that the total duration of time they were able to spend with their infant, following their discharge from the hospital, was diminished. 

Qualify for neonatal care pay – Still qualify for neonatal care

Employed parents will be entitled to a maximum of 12 weeks of paid leave from their employment if their infants are admitted to neonatal care within the first 28 days of life and remain hospitalised for a continuous duration of seven complete days or more. Neonatal care encompasses the services provided in various settings, such as outpatient departments or clinics, where the care is supervised by a consultant. Additionally, it involves palliative or end-of-life medical care. 

Maternity leave

It is important to note that parents may utilise this leave while their child is still undergoing neonatal care or after any other leave for which they may qualify, such as maternity or adoption leave. Nevertheless, leave may not be taken during the initial week that a child is receiving neonatal care. The leave must be utilised within 68 weeks following the birth. For instance, if a woman is currently on maternity leave while her infant is admitted into neonatal care, she is eligible to commence the NCL after her maternity leave. In practical terms, this implies that Non-Clinical Leave (NCL) is likely to be utilised exclusively when the child is under neonatal care provided by the child’s father or the companion of the child’s mother.

These new rights will come into effect for children born on or after 6 April 2025, ensuring they receive the necessary care received during their early weeks.

Pay Entitlement 

The newly established pay entitlement will offer a form of income replacement designed to assist parents during their leave from work to care for their infant. 

Similar to other forms of paid family leave, qualifying parents will be entitled to a statutory payment, which will be disbursed at either (i) the weekly statutory fixed rate of £187.18 for the fiscal year 2025/2026, or (ii) 90% of average earnings determined over a specified reference period, whichever amount is lesser.  

In contrast to the NCL, which is a ‘day one’ entitlement, Neonatal Care Pay (NCP) is accessible solely to employed parents who have completed 26 weeks of continuous service. The proposed regulations contain comprehensive stipulations regarding the computation of the duration of continuous employment. 

Rights to Neonatal Care Leave

Similar to other types of family leave, the employee will maintain their terms and conditions of employment throughout any duration of Non-Compensatory Leave (NCL), except those terms about compensation. They will also receive protection against adverse treatment and termination as a consequence of their exercise, or attempted exercise, of their right to take NCL. 

There exist regulations governing an employee’s entitlement to resume their original position after a duration of Non-Continuous Leave (NCL). Similarly to the provisions applicable to shared parental leave, an employee who avails themselves of a continuous leave period of six weeks or longer becomes eligible for enhanced redundancy protection. Employers must consider this during any redundancy procedures.

Get in Touch with our Employment Solicitors

If you wish to discuss your legal options for neonatal care leave, then please contact us at Complete Clarity Solicitors and Simplicity Legal at 0141 433 2626.