The New Era of UK Parental Support: Understanding Neonatal Leave and Pay in 2025

A New Chapter for Parents of Babies Needing Neonatal Care

A major change has landed for UK parents whose newborns need specialized medical care. Starting 6 April 2025, the Neonatal Care (Leave and Pay) Act 2023 introduces dedicated time off and Neonatal Leave and financial support for parents when their babies require continuous medical attention after birth.

Why is this such a significant development?

Until now, parents with babies in neonatal care had to cobble together support from existing leave schemes or rely on their employer's goodwill—often creating gaps during an already stressful time. This new legislation will benefit approximately 60,000 families annually while preserving other parental leave entitlements they're entitled to.

The new framework provides much-needed structure to what was previously an uncertain situation. It clearly defines when leave can be taken and directly ties the entitlement to the period a baby receives care. For the first time, parents won't have to choose between being with their medically fragile newborn and protecting their job security.

This comprehensive guide explores how Neonatal Leave affects both employees and employers, what steps are needed for compliance, and how these support measures can make a meaningful difference during an intensely challenging time for families.

Unpacking Neonatal Care: What Qualifies for Leave and Pay?

The Act precisely defines what constitutes "Neonatal Care" to ensure this new benefit targets situations genuinely requiring specialized support. To qualify, the care must fall into one of three main categories.

• Medical care provided in hospital settings—including neonatal units, maternity homes, and outpatient clinics.
• Medical care received after hospital discharge but still under consultant supervision.
• Palliative or end-of-life care.

The first category covers medical care provided in hospital settings—including neonatal units, maternity homes, and outpatient clinics. This applies to babies requiring immediate medical intervention following birth, such as premature infants or those with congenital conditions requiring specialized treatment.

Have you ever wondered what happens when a baby still needs medical oversight after leaving the hospital?

The second category addresses exactly this situation—medical care received after hospital discharge but still under consultant supervision. This includes ongoing monitoring, follow-up appointments, and treatments arranged by the hospital. For example, a baby discharged after three weeks in the NICU but requiring weekly hospital visits for specialized treatments would qualify under this category.

The third category acknowledges the most difficult situations families can face—palliative or end-of-life care. Even in these heartbreaking circumstances, parents deserve time to care for their child with job protection and financial support.

For any care to qualify under the Act, two crucial timing criteria must be met. First, the care must begin within the first 28 days after birth (with counting starting from the day after birth). Second, the care must continue without interruption for at least seven consecutive days. This seven-day minimum establishes the foundation for calculating leave entitlement, meaning statutory leave can start from the ninth day of care.

Some medical situations won't qualify for this specific benefit. For instance, if a baby develops a condition requiring specialized care after the initial 28-day window, it wouldn't trigger neonatal leave entitlement. Similarly, discontinuous periods of care that don't meet the seven consecutive days requirement wouldn't qualify, even if they total more than a week when combined.

By establishing these clear parameters, the legislation ensures support reaches those facing genuine neonatal care situations while maintaining reasonable boundaries around the benefit's scope.

Who is Eligible for Neonatal Care Leave (NCL)?

Neonatal Care Leave embraces modern family structures by extending eligibility to various parental relationships. Unlike many employment benefits that require a minimum service period, NCL is a "day one" right—available to employees from their very first day with an employer.

What exactly does "day one right" mean for employees?

It means that regardless of how long you've worked for your employer, you can access this crucial support when your baby needs neonatal care. This approach recognizes that medical emergencies don't wait for employment anniversaries and that all parents deserve support during this critical time.

Eligible individuals include:

• Birth parents, covering both the birthing parent (mother) and non-birthing parent (typically father or partner).
• Intended parents in surrogacy arrangements.
• Partners of the baby's mother who live in an enduring family relationship and expect to share caregiving responsibilities.
• Adopters or prospective adopters and their partners.

For instance, a mother who has just delivered a premature baby and her husband would both qualify for leave from their respective employers.

Intended parents in surrogacy arrangements are also protected. This inclusion acknowledges diverse family formation paths and ensures these parents receive the same support when their newborn needs medical care. For example, a same-sex couple working with a surrogate would qualify when their baby requires NICU care.

Partners of the baby's mother who live in an enduring family relationship and expect to share caregiving responsibilities can claim NCL. This covers unmarried partners who are actively involved in the child's life and care. A mother's long-term boyfriend who lives with her and plans to help raise the child would qualify.

Adopters or prospective adopters and their partners receive equal protection. If an adopted newborn requires medical care meeting the neonatal care definition, the adoptive parents can take NCL. For instance, a couple adopting a baby born with a medical condition requiring specialized care would be eligible.

Each eligible parent is entitled to their own independent leave period. Even if both parents work for the same employer, they each can claim NCL separately. This allows families to maximize support and arrange care in the way that works best for them.

The leave must genuinely be taken to care for the baby. However, in the tragic circumstance where a baby passes away after leave has accrued, parents remain entitled to take their leave. This compassionate provision acknowledges the need for time to grieve and recover.

Remember that the baby must be born on or after 6 April 2025 for parents to access these new rights. By addressing various family structures, the Act ensures equitable treatment for all who take on parenting responsibilities.

How Much Neonatal Care Leave Can Be Taken and When?

Neonatal Care Leave follows a straightforward calculation method based on the duration of continuous medical care. For each full, uninterrupted week the baby receives neonatal care, the eligible employee accrues one week of leave entitlement. The minimum is one week, and the maximum caps at 12 weeks per employee regardless of how long care continues.

This one-to-one relationship between care weeks and leave weeks makes planning more predictable. If a baby spends four continuous weeks in neonatal care, each eligible parent accrues four weeks of leave. However, if care extends beyond 12 weeks—perhaps for a very premature baby requiring months of treatment—the statutory entitlement still maxes out at 12 weeks.

When must this leave be taken?

The window for taking NCL extends to 68 weeks from the baby's birth (or equivalent period for adoption/placement). This generous timeframe allows parents flexibility in determining when the leave would be most beneficial, rather than forcing immediate use.

The Act creates a two-tier system for taking leave that accommodates different family situations:

For instance, a father whose two-week paternity leave has ended but whose baby remains in the NICU could take Tier 1 NCL to continue providing support. Tier 1 leave can be taken in non-continuous blocks of at least one week each, offering flexibility to balance work and care responsibilities.

Tier 2 leave covers periods more than seven days after neonatal care has ended, still within the 68-week window. Unlike Tier 1, Tier 2 leave must be taken as one continuous block. This arrangement typically serves parents who want to "tag on" NCL at the end of other family leave. For instance, a mother might take 12 weeks of maternity leave followed immediately by eight weeks of Tier 2 NCL if her baby required eight weeks of neonatal care.

This tiered approach recognizes that families have different needs and circumstances. Some parents need flexibility to provide care during the active treatment phase, while others benefit more from extending their overall time away from work once other leave ends.

The 68-week window ensures parents don't lose their entitlement if they can't take leave immediately. This accommodation proves especially valuable for parents balancing care for other children, financial considerations, or work commitments that influence when taking leave makes the most sense for their family.

Eligibility and Calculation of Statutory Neonatal Care Pay (SNCP)

While Neonatal Care Leave provides job-protected time off, Statutory Neonatal Care Pay (SNCP) delivers financial support during this period. Unlike NCL, SNCP is not a "day one" right—it requires meeting specific eligibility criteria beyond those for the leave itself.

What must employees do to qualify for paid leave?

To receive SNCP, employees must first qualify for NCL. Additionally, they must have completed at least 26 weeks of continuous service by the relevant week—typically the 15th week before the expected week of childbirth, or the matching week for adoption cases. This service requirement mirrors other statutory pay schemes like Statutory Maternity Pay.

The employee's average gross weekly earnings must reach or exceed the lower earnings limit for National Insurance contributions—expected to be around £125 per week from April 2025. Average earnings are typically calculated over the eight weeks preceding the relevant week.

For each qualifying week of neonatal care, eligible employees receive one week of SNCP, capped at 12 weeks maximum. The pay rate equals either the statutory flat rate (projected to be £187.18 per week from April 2025) or 90% of the employee's average weekly earnings—whichever amount is lower.

"Financial stability during a neonatal crisis is crucial for families. When parents don't have to worry about lost income, they can focus entirely on their baby's needs." - Dr. Jane Hawdon, Neonatal Consultant

To illustrate with an example: A father earning £400 per week whose baby requires five weeks of neonatal care would be entitled to five weeks of SNCP at the statutory rate of £187.18 per week (since this is less than 90% of his earnings, which would be £360). Meanwhile, a part-time mother earning £200 per week would receive £180 per week (90% of her earnings) for each week of SNCP.

SNCP represents additional financial support beyond other parental pay entitlements. It doesn't replace or reduce Statutory Maternity Pay, Statutory Paternity Pay, or other benefits. This additive approach ensures parents receive comprehensive support during a challenging time without sacrificing existing entitlements.

Employers must carefully track both eligibility and payment calculations to ensure accurate administration of SNCP. As with the leave itself, notice requirements apply to SNCP claims, helping businesses manage payroll processes effectively while supporting employees during critical periods of family need.

Navigating Notice Requirements for Neonatal Leave and Pay

Clear communication between employees and employers is essential when claiming Neonatal Care Leave and Pay. The Act establishes specific notice requirements that balance employee needs with employer workforce planning considerations.

When notifying an employer about taking NCL, employees must provide several key details:

• Their full name
• The baby's date of birth (or placement/entry date for adoption)
• When neonatal care started
• When neonatal care ended (if applicable)
• Their requested leave start date(s)
• How many weeks of leave they're claiming
• A statement confirming the leave is for caring for the baby
• Confirmation of their eligibility based on relationship to the baby

The notice timing and format differ depending on whether the leave falls under Tier 1 or Tier 2:

For Tier 1 leave—taken during active care or the week after—notice must be given before the first absence day that week, or as soon as reasonably possible. Importantly, Tier 1 notice doesn't require written documentation, allowing verbal communication in urgent situations. This flexibility acknowledges the often unpredictable nature of neonatal care.

How much advance notice is needed for planned leave after care ends?

For Tier 2 leave—taken after the immediate care period—more structured notice is required. For a single week of Tier 2 leave, employees must provide at least 15 days' notice. For multiple consecutive weeks, the notice period extends to at least 28 days. Unlike Tier 1, Tier 2 notices must be submitted in writing to ensure clear documentation.

Similar principles apply to SNCP notice requirements, with slight variations:

• For pay related to Tier 1 periods, notice must be given within 28 days from the first day of the period the notice covers
• For pay related to Tier 2 periods, 15 days' notice is needed for one week of pay, and 28 days for multiple consecutive weeks
• If meeting these timeframes isn't reasonably possible, notice should be given as soon as practicable

In recognition that neonatal situations can be unpredictable, employers and employees can mutually agree to waive or modify notice requirements. This flexibility helps accommodate unexpected changes in the baby's condition or care needs.

Maintaining clear records of all notices and agreements protects both parties and ensures smooth administration of both leave and pay. Employers should consider developing simple notification forms or templates to facilitate this process and help employees provide all necessary information correctly.

Employee Rights and Protections During and After Neonatal Care Leave

Taking Neonatal Care Leave shouldn't compromise an employee's overall employment security or benefits. The Act includes robust protections ensuring employees maintain their rights throughout leave periods and upon return.

During NCL, employees retain all their employment rights except normal pay (which is replaced by SNCP if eligible). Benefits like holiday accrual, pension contributions, and seniority continue accumulating as if the employee were still actively working. This protection ensures that caring for a medically fragile newborn doesn't result in lost employment benefits.

What happens when an employee returns to work after neonatal leave?

The right to return focuses on job continuity and security. After a single period of NCL, employees generally have the right to return to their original job. If returning after multiple leave periods or extended absence, and the original position is genuinely no longer available, employers must offer a suitable alternative role with equivalent terms and conditions. This protection mirrors other family leave rights, ensuring employees don't face career penalties for caring for their children.

Enhanced redundancy protection represents another significant safeguard. Employees who take six or more consecutive weeks of NCL receive priority for suitable alternative vacancies in redundancy situations until their child reaches 18 months of age. This extended protection acknowledges the particular vulnerability of parents who have recently cared for babies with medical needs.

Protection from detriment and unfair dismissal specifically related to taking NCL provides essential legal safeguards. Any negative treatment—like denied promotions, reduced hours, or workplace penalties—connected to exercising NCL rights is prohibited. Similarly, dismissal related to taking or requesting NCL is automatically unfair. These protections allow employees to exercise their statutory rights without fear of workplace repercussions.

These rights extend beyond the leave period itself, creating continued protection as employees transition back to work. The goal is to ensure that parents caring for babies with medical needs face no long-term career disadvantages compared to colleagues who haven't needed such accommodation.

By aligning NCL protections with other established family leave rights, the legislation creates a comprehensive safety net for employees during a particularly vulnerable period in their family life and career.

How Neonatal Care Leave Interacts with Other Family Leave

Neonatal Care Leave complements rather than replaces existing family leave entitlements. This additive approach ensures parents receive comprehensive support without sacrificing other rights. Understanding these interactions helps both employees and employers navigate complex leave arrangements effectively.

How can parents combine different types of leave for maximum support?

A common scenario involves "tagging on" NCL at the end of other statutory leave. For example, a mother might take her standard 52 weeks of maternity leave, then add up to 12 weeks of NCL (if her baby qualified for 12 weeks of neonatal care). This extension provides crucial additional support without forcing difficult choices between leave types.

"The complementary nature of Neonatal Leave is crucial for families. It recognizes that the standard parental leave framework doesn't account for the unique challenges faced when a newborn needs specialized medical care." - Sarah Jackson OBE, Family-Friendly Work Expert

The tier system facilitates different combinations of leave. Tier 1 leave often helps parents who aren't currently on other leave but need time off while their baby receives active care. For instance, a father whose two-week paternity leave has ended while his baby remains in the NICU could take Tier 1 NCL in weekly blocks, allowing continued involvement in his child's care.

Tier 2 leave typically serves as an extension after other leave concludes. A mother finishing her maternity leave might immediately transition to Tier 2 NCL as a continuous block, effectively extending her overall time away from work. This seamless transition helps families maintain continuity of care without employment gaps.

Both parents can coordinate different leave types simultaneously. While one parent takes maternity or adoption leave, the other might use a combination of paternity leave and Tier 1 NCL. Later, when one parent returns to work, the other might use Tier 2 NCL to extend the period during which the baby has a parent at home full-time.

Accurate tracking becomes essential when managing multiple leave types. Employers must maintain clear records distinguishing between different statutory entitlements to ensure correct payment and return rights. Similarly, employees should document their leave carefully to prevent confusion about which entitlements they've used and which remain available.

By working together to coordinate these various leave types, employers and employees can create supportive arrangements that benefit families during a critical period while maintaining workforce predictability and planning.

Special Considerations for Multiple Births

Parents of twins, triplets, or other multiples face unique challenges when their babies require neonatal care. The Act addresses multiple births with straightforward principles that maintain fairness while acknowledging the additional complexities these families face.

When calculating NCL entitlement for multiple births, the determining factor is the duration of care—not the number of babies. If twins require six weeks of simultaneous neonatal care, parents are entitled to six weeks of NCL each, not twelve. The statutory cap of 12 weeks per eligible employee applies regardless of how many babies need care at once.

Why doesn't the entitlement multiply for multiple babies?

The legislation focuses on supporting parents during the period their babies need care, rather than creating a per-child entitlement. This approach ensures consistency across different family situations while maintaining reasonable boundaries around the benefit.

Documentation remains important for multiple births. Medical evidence should clearly indicate the care period for each baby, especially if they require different durations of treatment. For example, if one twin is discharged after four weeks while the other requires eight weeks of care, the entitlement would be based on the longer eight-week period.

Even with the same calculation method, parents of multiples often face heightened practical challenges. Caring for several babies simultaneously—especially after neonatal care—typically requires more hands-on support. Employers might consider offering additional flexibility beyond statutory minimums for these families, such as phased returns to work or temporary schedule adjustments.

By maintaining clear calculation principles while acknowledging the unique pressures of multiple births, the legislation strikes a balance between administrative simplicity and family support.

Case Studies: Neonatal Leave and Pay in Practice

Real-world examples help illustrate how Neonatal Care Leave and Pay work in everyday situations. These case studies demonstrate typical scenarios employees and employers might encounter.

Case Study 1: Extending Maternity Leave

Sarah gives birth to her daughter on April 10, 2025. The baby is born six weeks premature and requires eight weeks of neonatal care. Sarah takes her planned 52 weeks of maternity leave. As her maternity leave approaches its end, she notifies her employer that she'll be taking eight weeks of Tier 2 NCL immediately afterward, effectively extending her total leave to 60 weeks. Since she meets the eligibility criteria for SNCP, she receives eight weeks of statutory pay during this additional period.

This case demonstrates how NCL can function as a seamless extension of existing leave, giving parents additional protected time with their baby after a medical challenge.

Case Study 2: Combining Different Leave Types

James and his partner welcome their son on May 15, 2025. The baby develops complications shortly after birth and requires six weeks of neonatal care. James takes his two weeks of paternity leave immediately. When this ends, he notifies his employer that he'll take three weeks of Tier 1 NCL while his son is still receiving care, allowing him to be present during critical medical treatments. He then returns to work for several months while his partner is on maternity leave. Later, he takes his remaining three weeks of NCL as Tier 2 leave to help when his partner returns to work.

This case shows how NCL can be split between tiers to provide support at different critical points, demonstrating the flexibility built into the system.

Case Study 3: Twins with Different Care Needs

Emma delivers twins on September 1, 2025. Twin A requires four weeks of neonatal care, while Twin B needs nine weeks of treatment. Emma and her husband Michael both qualify for nine weeks of NCL based on the longer care period. Michael takes Tier 1 leave in weekly blocks during the active care period, while Emma plans to add her nine weeks of NCL to the end of her maternity leave as Tier 2 leave.

This scenario illustrates how multiple births are handled when care durations differ, with entitlement based on the longest continuous care period.

Case Study 4: Qualifying for Leave but Not Pay

Amir has been with his employer for three months when his baby is born on April 20, 2025, requiring five weeks of neonatal care. He qualifies for NCL as a day-one right but doesn't meet the 26-week service requirement for SNCP. Amir takes five weeks of unpaid NCL as Tier 1 leave, arranging his finances to accommodate the unpaid time off.

This case highlights the distinction between leave and pay eligibility, showing how newer employees can still access job-protected time off even without pay.

Case Study 5: Adoption Scenario

Charlotte and her wife Sophia are matched with a newborn for adoption on July 10, 2025. The baby was born on July 5 and requires neonatal care for three weeks. Since the care began within 28 days of birth and continued for more than seven days, both adoptive parents qualify for NCL. Charlotte, the primary adopter, plans to add three weeks of Tier 2 NCL after her adoption leave ends, while Sophia takes two weeks of adoption support leave followed by one week of Tier 1 NCL.

This example demonstrates how adoptive parents receive equal protection under the legislation, with eligibility tied to their relationship with the child rather than biological connection.

From 6 April 2025: A Guide for Employers

With the implementation date passed, forward-thinking employers should now begin to ensure a smooth transition. This proactive approach benefits both the organization and employees who may need to access these entitlements.

What steps should employers take to prepare for these new rights?

1. Review and Update Policies: Conduct a comprehensive review of existing family leave policies and create a specific Neonatal Care Leave and Pay policy. This document should clearly outline: * Eligibility criteria for both leave and pay * How leave accrual is calculated * The difference between Tier 1 and Tier 2 leave * Notice requirements for each tier * How NCL interacts with other family leave entitlements * The process for requesting leave and providing evidence * Return-to-work proceduresHaving clear written policies helps prevent misunderstandings and ensures consistent application across the organization.
2. Train HR and Managers: Develop training materials explaining the new legislation for HR professionals and line managers. Training should cover: * The basic entitlements and eligibility requirements * How to handle leave requests compassionately * The tier system and different notice requirements * Documentation needed for leave and pay * Managing workflow during employee absence * Supporting employees returning from NCLWell-trained managers can provide better support to employees during difficult times while maintaining operational continuity.
3. Adjust Payroll Systems: Work with your payroll provider or internal team to update systems for processing SNCP. Key considerations include: * Adding SNCP as a new payment category * Programming the correct statutory rate (Circa £187.18 per week from April 2025) * Implementing the 90% earnings calculation where applicable * Creating appropriate tax and National Insurance handling * Developing reporting capabilities for record-keeping and complianceEarly system adjustments prevent payment delays and administrative headaches when the first claims arise.
4. Create Template Forms: Develop user-friendly forms for employees to request NCL and SNCP, including: * A comprehensive request form capturing all required information * Medical evidence submission guidelines * Leave planning documents * Return-to-work discussion templatesStandardized forms ensure all necessary information is collected consistently while simplifying the process for employees during a stressful time.
5. Communicate with Employees: Proactively inform your workforce about the changes through: * Company-wide announcements about the new entitlements * Updates to employee handbooks and intranet resources * Dedicated information sessions for expecting parents * Clear guidance on how to access support when needed. Early communication helps employees understand their rights and plan accordingly, particularly those with pregnancies that will deliver after the implementation date.
6. Consider Enhanced Policies: Evaluate whether offering benefits beyond the statutory minimum aligns with your organizational values and employee support objectives. Possibilities include: * Extended leave beyond the 12-week statutory maximum * Enhanced pay above the statutory rate * Additional flexibility in how leave can be taken * Support services for parents with babies in neonatal careEnhanced policies can strengthen employee loyalty and demonstrate organizational commitment to supporting families during challenging times.
7. Update Redundancy Procedures: Review redundancy processes to incorporate the enhanced protection for employees taking extended NCL: * Document the priority status for suitable alternative vacancies * Train managers on these special protections * Implement tracking systems to identify protected employees * Update redundancy consultation materialsCompliance with these enhanced protections prevents potential claims and supports ethical treatment of vulnerable employees.
8. Address Data Privacy: Establish protocols for handling sensitive medical information: * Create secure storage systems for documentation about the baby's condition * Limit access to those with a legitimate need to know * Develop clear data retention policies * Ensure compliance with data protection regulationsProper privacy safeguards protect both the organization and employee confidentiality during a sensitive time.

By addressing these areas proactively, employers demonstrate commitment to supporting employees through difficult family circumstances while ensuring organizational compliance with new statutory requirements.

Litigated: Your Partner in Navigating Employment Law Changes

Staying current with evolving employment legislation presents challenges for businesses of all sizes. Litigated offers expert support for employers and HR professionals navigating the complexities of UK employment law, including the upcoming Neonatal Leave and Pay provisions.

Our comprehensive resources include:

• Timely news updates on legislative changes that affect your business and employees
• In-depth analysis of new regulations translated into practical implementation steps
• FREE membership providing access to our knowledge base and community
• Monthly newsletter keeping you informed about key legal developments
• Detailed blog content explaining complex legal concepts in accessible language

What makes Litigated especially valuable during this transition period?

"As employment law evolves to better support families in challenging circumstances, businesses need reliable guidance to implement these changes effectively. Professional support can make the difference between mere compliance and creating truly supportive workplace policies." - Julia Beasley, Employment Law Specialist

Litigated helps businesses stay ahead of regulatory changes through proactive guidance and clear explanations. Our expert analysis transforms legal requirements into actionable steps, helping you implement compliant policies efficiently. We foster a community where HR professionals and business owners can share experiences and best practices as they navigate new requirements together.

As your partner in employment law compliance, Litigated provides the tools and knowledge needed to support your workforce while protecting your business interests. Our specialized focus on UK employment regulations ensures you receive relevant, accurate information tailored to your compliance needs.

With Litigated's support, you can approach the April 2025 implementation date with confidence, knowing you have expert guidance to help you establish compliant and compassionate policies for Neonatal Leave and Pay.

Conclusion

The introduction of Neonatal Care Leave and Pay marks a significant advancement in UK employment protections, acknowledging the unique challenges faced by parents of babies requiring specialized medical care. By providing both dedicated leave time and financial support without impacting other family leave entitlements, this legislation fills an important gap in the existing framework.

For employers, now is the time to begin preparations—reviewing policies, training staff, updating systems, and communicating with employees. These proactive steps will ensure a smooth transition when the new rights take effect on 6 April 2025.

For parents, these new entitlements provide valuable peace of mind, knowing that job protection and financial support will be available should their newborn require neonatal care. The legislation's flexible tier system accommodates different family situations while ensuring those in need receive meaningful support.

As we approach the implementation date, this new chapter in UK parental support promises to make a tangible difference in the lives of approximately 60,000 families each year, allowing parents to focus on what matters most—caring for their newborn—without sacrificing long-term employment security.

FAQs

Who is eligible for Neonatal Care Leave? Neonatal Care Leave is a "day one" right available to employees from their first day of employment. Eligible individuals include birth parents (mothers and fathers), intended parents in surrogacy arrangements, partners in enduring family relationships who will share child-raising responsibilities, and adopters along with their partners. Each eligible parent can claim their own period of leave, even when working for the same employer.

How much Neonatal Care Leave can I take? You can take one week of leave for each full, uninterrupted week your baby receives neonatal care, with a minimum of one week and maximum of 12 weeks per eligible employee. The leave must be taken within 68 weeks of your baby's birth or placement. Tier 1 leave (during active care or up to one week after) can be taken in non-continuous blocks, while Tier 2 leave (more than seven days after care ends) must be taken as one continuous block.

Is Neonatal Care Pay available to all employees? Unlike the leave itself, Statutory Neonatal Care Pay requires meeting additional criteria. You must have at least 26 weeks of continuous service by the relevant week (typically the 15th week before the expected birth week) and average weekly earnings at or above the lower earnings limit for National Insurance contributions (expected to be around £125 in April 2025). If eligible, you'll receive either the statutory rate (projected at £187.18 per week) or 90% of your average weekly earnings, whichever is lower.

Can Neonatal Care Leave be taken at the same time as Maternity Leave? Neonatal Care Leave complements other family leave entitlements without replacing them. While you typically wouldn't take both simultaneously, you can "tag on" NCL at the end of maternity, paternity, adoption, or shared parental leave, effectively extending your total time away from work. This allows parents to preserve their full maternity or other leave entitlements while gaining additional protected time for babies who required neonatal care.

What notice do I need to give my employer? Notice requirements vary by leave type. For Tier 1 leave (during active care), notify your employer before your first absence day that week or as soon as reasonably possible—this doesn't have to be in writing. For Tier 2 leave (after care ends), provide written notice at least 15 days in advance for one week of leave or 28 days for multiple consecutive weeks. Similar timeframes apply for pay notifications. Your employer may waive these requirements in special circumstances.

How is leave calculated for twins or multiple births? For multiple births, entitlement is based on the duration of care, not the number of babies. If twins receive six weeks of simultaneous neonatal care, you're entitled to six weeks of leave—not 12 weeks. The maximum 12-week cap applies regardless of how many babies need care. Your entitlement is calculated based on the longest continuous care period if your babies require different durations of treatment.

What rights do I have while on Neonatal Care Leave? During NCL, you maintain all your employment rights except normal pay (which may be replaced by SNCP if eligible). Benefits like holiday accrual, pension contributions, and seniority continue. You have the right to return to your original job, especially after shorter leave periods. If you take six or more consecutive weeks of NCL, you receive enhanced redundancy cover until your child reaches 18 months. You're also protected from detriment or dismissal related to taking this leave.

How should employers prepare for these new rights? Employers should review and update policies, train HR staff and managers, adjust payroll systems to handle SNCP, create template forms for leave requests, communicate changes to employees, consider whether to offer enhanced benefits beyond statutory minimums, update redundancy processes to reflect enhanced protections, and establish data privacy protocols for handling sensitive medical information about babies in neonatal care.

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Nick

With a background in international business and a passion for technology, Nick aims to blend his diverse expertise to advocate for justice in employment and technology law.