LEGISLATION UPDATE: Neonatal Care Leave

The right to neonatal leave and pay will come into force on 6th April this year. Under this new legislation, eligible employees have a right to take up to 12 weeks’ leave where their child requires seven (or more) days of continuous neonatal care starting within the first 28 days following their birth.

Regulations supporting the introduction of this new right have been published here: . The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 and these set out the details of eligibility, notification requirements and entitlement. In addition, The Statutory Neonatal Care Pay (General) Regulations 2025 set out the rules for payment during periods of neonatal leave. 

In terms of action required, we would suggest HR produce policies explaining this new right and to ensure managers receive training so that they are aware of the rights available to their teams. 

The key points include:

• The right only applies to employees (not workers as well). 
• It will be a “day one” right, meaning there will be no qualifying period of service required.
• Parents will not be required to provide proof of their child receiving neonatal care.
• Eligible employees are entitled to one week's leave for every week their child spends in neonatal care, capped at 12 weeks. 
• The leave may be taken while the child is receiving the care or afterwards, provided it is taken before the end of 68 weeks beginning with the date of the child’s birth.
• Where an employee takes neonatal care leave during a period where the child is receiving neonatal care (or in the seven days immediately following discharge), then the employee can take neonatal care leave in non-consecutive weeks.  This is known as ‘tier 1’ leave.
• Where an employee takes accrued neonatal care leave at any point after seven days has elapsed since the child’s discharge from neonatal care, then the employee must take any accrued leave in consecutive weeks. This is known as ‘tier 2’ leave.
• Neonatal care leave does not reduce the length of any other statutory leave entitlement.

If you need help drafting new policies or have any questions about this new right, please contact us