Neonatal Care Leave and Pay – New Employment Rights for Parents

By Rachel Davis

Principal Associate

T: 01279 712582
E: rd@nockolds.co.uk

The new Neonatal Care (Leave and Pay) Act 2023, which is due to come into force in April 2025, will give eligible parents the right to take up to 12 weeks’ leave and pay if their baby requires neonatal care.  This is in addition to existing parental leave entitlements.

A baby who is born prematurely or sick will receive neonatal care in hospital, often for a prolonged period of time, which is a hugely distressing and stressful time for parents.  The aim of the new rights is to allow parents additional time to spend with their baby without the additional worry about returning to work or having to take unpaid leave.

The right to Neonatal Care Leave (“NCL”) is available to all employees from day one of employment, with parental responsibility for a baby who receives medical or palliative care within the first 28 days after their birth, and who requires a continuous stay in hospital for 7 days or more.  The length of NCL will be dependent on how long the baby spends in hospital, with parents entitled to up to 12 weeks’ of neonatal leave and a minimum entitlement of one week.  NCL must be taken in the first 68 weeks of the baby’s birth.

In order to qualify for Statutory Neonatal Care Pay (“SNCP”), the employee must have 26 weeks’ continuous service and earn on average at least £123 a week. 

At a time when many families are facing rising costs of living, the reforms will help ease future pressures on parents whose children require neonatal care and also help businesses who want to better support their staff.

Before the new rights are introduced in April 2025, employers are advised to ensure their current policies and procedures are amended accordingly and train managers and HR to ensure the business is fully supportive of employees during this very emotional and distressing time. 

If you are a business who requires guidance on implementing the new legislation, amending policies and training staff, or an employee who needs advice on the how these changes will affect you, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.