While many are aware that neonatal care leave will be effective from April 6th, 2025, the question remains: what exactly does "neonatal care" entail?
What is Neonatal Care?
Neonatal care refers to the specialised medical care provided to newborn babies who require extra support, this is particularly common for those babies born prematurely or with health conditions.
This care can include in - hospital care as well as the care given to the baby after leaving the hospital overseen by a consultant. It can also include any follow-up visits from healthcare professionals arranged by the hospital, and in some cases, palliative or end-of-life care.
So, What is the New Entitlement for Neonatal Care Leave (2025)?
The new neonatal care leave applies to parents, including fathers and partners of birth parents, whose babies are admitted to neonatal care up to 28 days old and stay there for at least 7 days. This leave is available from day one of employment, and employees can take up to 12 weeks off to care for their baby during this time.
How Much Leave are Parents Entitled to with Neonatal Care Leave? And How is it Calculated?
Parents are entitled to take anywhere from a minimum of 1 week up to 12 weeks of neonatal care leave. The amount of leave is based on how many weeks the baby spends in neonatal care, with 1 week of leave for each week the baby is receiving care.
It’s also flexible! - These weeks don’t need to be taken consecutively before returning to work. Parents can also use neonatal care leave alongside other statutory leaves, such as paternity or maternity leave. This means the leave accumulates whilst the baby is in neonatal care but the parent can take it, for example, 3 weeks after the baby is out of neonatal care.
What Do Employees Need to Tell Their Employer Regarding Neonatal Care Leave?
The way employees notify their employers about taking neonatal care leave depends on which tier of leave they’re eligible for. Each tier has its own set of rules for providing notice, so it’s important to get it right.
Tier 1 – This leave covers the period when the baby is receiving care and up to 1 week after the care ends.
Tier 2 – This leave applies after the baby’s care has ended but before 68 weeks from the date of birth.
The tiers are important as they are also relevant for pay for neonatal care leave.
What About Pay for Neonatal Care Leave?
Whilst neonatal care leave is an automatic right from day one, pay during this leave is not quite as straightforward.
To qualify for neonatal care leave pay, the parent must have been employed for 26 weeks and must still be in employment in the week before neonatal care begins. Additionally, they need to have earned at least £125 a week on average for the 8 weeks before the “relevant week.”
The "relevant week" can vary depending on other pay the parent may be receiving. For example, for maternity pay it’s the 15th week before the due date.
What are Employees’ Rights During Neonatal Care Leave?
Automatic unfair dismissal rights Neonatal Care Leave
Employees are fully protected while on neonatal care leave, as well as when they return to work. They cannot be dismissed simply for taking, or planning to take, neonatal care leave. If an employee is dismissed for this reason, it’s considered automatically unfair.
Employers also need to be cautious about causing any “detriment” to an employee for taking or planning to take leave. For example, no demotions, no reduction in hours, anything which could be construed as harassment etc. Essentially, employees should not be treated worse than they were before, or have their situation made more difficult.
What about redundancy rights regarding Neonatal Care Leave?
An employee’s role is protected while they are on neonatal care leave and much like the rules relating to pregnancy and maternity, a role cannot be selected for redundancy because the employee has taken, or plans to take, neonatal care leave.
Additionally, if an employee has taken 6 consecutive weeks of neonatal care leave then this extra protection from redundancy is extended for 18 months after the birth of the child.
A note from me on the Neonatal Care Leave Update:
“This new change is a positive and welcomed step forward, giving employees the opportunity to take time off during one of the most critical times of their lives without the added stress of worrying about job security.
It's also a valuable option for fathers and partners, who traditionally had limited time off, only two weeks of paternity leave, if their baby required extended neonatal care. In the past, fathers and partners often had to rely on sick leave, unpaid leave, or annual leave in these situations.
However, since this change offers statutory protection to employees taking or intending to take neonatal care leave, it's crucial for employers to fully understand the associated rules to minimise any risks. This is particularly important given the automatic unfair dismissal protections it provides. Familiarising yourself with the ‘tiers of leave’, what information you need from your employees and when, will help you handle these situations in the most supportive and compliant way.
This is a very brief overview and in no way an exhaustive guide to neonatal care leave and pay. The rules surrounding this leave are detailed and extensive. So it's essential to have proper policies in place and seek legal advice if an employee is or plans to take neonatal care leave.”
