Upcoming Neonatal Leave Legislation

In a landmark move aimed at supporting parents, the UK government introduced a new right to neonatal leave and pay under the Neonatal Care (Leave and Pay) 2023. This legislation provides parents with the opportunity to take paid leave if their newborn baby requires neonatal care. On 20 January 2024, the Government confirmed that the right to neonatal care and pay will come into force on 6 April 2025.

While parents are currently entitled to statutory maternity, paternity leave, adoption leave, and shared parental leave, these existing provisions do not account for the additional strain on parents whose children need extended hospital care.

Neonatal leave is intended to address this gap by giving parents the right to take a week of neonatal leave for each full week of hospital care the baby receives up to 12 weeks of leave, which can be used within the 68 weeks of their child’s life. This allows parents to then take the leave at the end of any other statutory leave they are entitled to as a result of their child’s birth.

The leave is available to both mothers and fathers, as well as to parents in same-sex relationships or those who are the primary caregivers. To qualify, the baby must be admitted to a neonatal care unit for at least seven consecutive days within the first 28 days of the child’s birth and parents to follow the appropriate notice requirements.

Subject to similar qualifying criteria to statutory maternity pay, neonatal leave will be paid at a statutory rate (of currently £156.66 per week) or 90% of the parent’s average weekly earnings (whichever is lower).

Employers should be aware of this and review existing handbooks, policies, and contracts to ensure details of the new leave entitlement are included.