Parents to receive day one right to neonatal care leave and pay

An estimated 60,000 new parents will be entitled to additional time off work under new Government legislation.

The aim of this new right is to allow parents dedicated time to spend with their baby while they are receiving medical care, without this time off eating into their maternity, paternity or shared parental leave.

The Neonatal Care (Leave and Pay) Act 2023 came into force on 6 April, entitling eligible employees with babies who have received or are in receipt of neonatal care to additional time off.

This applies to babies who were born on or after 6th April 2025 only.

Paula Squire (pictured), a partner in the employment team at national law firm Clarke Willmott LLP said: “The Act introduces a day one day right for employees to take neonatal care leave where their baby who is 28 days old or less needs neonatal care for seven days or more.

“The right to neonatal care leave will be in addition to other statutory parental leave, including, maternity, adoption, paternity and shared parental leave.

“Therefore, this applies to working mums, dads and those with caring responsibilities.

“Neonatal care leave applies where the newborn baby is admitted into neonatal care up to 28 days old and who have a continuous stay in hospital for seven full days or longer.”

To be eligible for the leave, at the birth of the baby, the employee must be one of the following:

• The baby’s parents (including adoptive)
• The baby’s intended parent (in a surrogacy situation)
• Partner to the baby’s mother (who is unrelated but living with them and in a family relationship) with the view that they will have responsibility for raising the child

Neonatal care leave must be taken to provide care for the baby. If the baby dies after a period of neonatal care leave has been accrued, employees are still able to take the leave as the care element is not needed.

Eligible parents will be able to take one week of leave for each week the baby receives neonatal care without interruption.

The week begins the day after the care started, meaning a baby will have to have been receiving neonatal care for eight consecutive days before the baby’s parents are entitled to one week of neonatal care leave. The amount of leave is capped at 12 weeks.

The leave must be taken within 68 weeks of the baby’s birth, placement (in an adoption situation) or entry into Great Britain (following an overseas adoption).

Paula continued: “It is expected that at the time the baby is born the parents will be on some other form of statutory parental leave, typically, maternity or paternity leave.

“Similar to other types of parental leave, employees will need to provide certain information and notice of their intention to take neonatal care leave.

“Employees who take neonatal care leave are entitled to be paid for their time off. However, to be eligible for statutory neonatal care pay an employee is required to have been employed for 26 weeks and have on average earnings of at least £123 a week.

“Eligible employees will be entitled to statutory neonatal care leave (currently £187.18 per week or 90 per cent of their pay, whichever is the lower) in line with other statutory rates.”

Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton, and Taunton.