Neonatal Care leave – comes into force 6th April 2025

The Neonatal Care (Leave and pay) Act 2023 – April 2025 

Following the passing of the Neonatal Care (Leave and Pay) Act in 2023, employees with parental responsibilities for a newborn can now take leave for up to 12 weeks, to assist in caring for their baby.  

With the introduction of Neonatal care leave taking effect from the 6th April, as an employer it’s important for you to understand how you can support your employees through a difficult and uncertain time.  

Here’s what you need to know.  

Who can take Neonatal care leave 

Parents with shared or sole responsibility for a child are eligible for Neonatal care leave. This includes any employee who is: 

• The mother or birth parent 

• The father 

• The spouse, civil partner, or partner of the mother or birth parent – including same-sex partners 

• Adopting a child, including through foster-to-adopt arrangements 

• Intended parents in a surrogacy arrangement 

Each eligible parent is entitled to their own separate allocation of leave, even if both parents work for the same employer. 

This entitlement is in addition to other forms of parental leave and pay. 

What situations are considered to be neonatal care? 

• Medical treatment provided in a hospital setting 

• Care administered to the baby at home under a consultant’s supervision 

• Continued monitoring and follow-up visits by healthcare professionals coordinated by the hospital 

• Palliative or end-of-life care 

When can an employee take Neonatal care leave? 

If their baby requires neonatal care, employees with parental responsibilities for a newborn will have an immediate entitlement from day one of employment. However, parents are only eligible to take Neonatal care leave once their baby has been receiving care for 7 consecutive days or more within the first 28 days of birth. 

Employees must take neonatal care leave within 68 weeks of the child’s birth or, in adoption cases, from the date of placement. 

Neonatal care leave can be taken in two separate blocks: 

Tier 1 

Following the initial 7-day period, leave can be taken in non-consecutive weeks and may continue up to seven days after neonatal care has concluded. This notice can be given verbally by the employee 

Teir 2 

Allows an employee to take accrued leave outside of the Teir one period but before the end of the 68 week and must be taken consecutively. 

How much leave employees can take 

Employees will receive 1 week of leave for each week their baby is in care. This can range from a minimum of 1 week and a maximum of 12 weeks, depending on how long their baby is in neonatal care. This notice will need to be given formally, in writing. 

What information must employees give to the employer 

Employees must provide a statement confirming the requirement and eligibility to take neonatal care leave. Notice to the employer must provide the following details: 

• The name of the employee 

• The child’s birth date and where necessary the date of adoption placement 

• The date(s) when the child began receiving neonatal care 

• The date when neonatal care concluded, if applicable 

• The start date of the leave 

• The total number of weeks of leave being requested 

Other types of leave 

During the 7-day qualifying period, employees may be able to take the following leave  

• Time off for dependants 

• Maternity/Paternity leave 

• Shared Parental leave 

Neonatal care leave can be added to any pre-booked statutory parental leave. 

Recovering statuary neonatal care pay and employee rights and protection. 

In situations like these, it’s crucial to understand your legal obligations while also providing compassionate support to your employee during a challenging time.  

Foreshore HR will be able to help you by checking and updating your policies, equipping line managers with the knowledge they need to support their staff and provide expert HR advice on neonatal care leave as well as other related parental leave policies.  

If you would like a Neonatal Care Policy and associated letters to send to your team, please contact us via sam@foreshorehr.com