The government has confirmed that the right to neonatal leave and pay will come into force on 6th April this year. Under the new law, eligible employees have a right to take up to 12 weeks’ leave if their child requires seven (or more) days of continuous neonatal care starting within the first 28 days following their birth.
The government has now published regulations supporting the introduction of this new right.
The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025
The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 set out the details of eligibility, notification requirements and entitlement. Separately, The Statutory Neonatal Care Pay (General) Regulations 2025 set out the regime for payment during periods of neonatal leave.
Employers and HR professionals will need to prepare policies setting out this new right. Managers will need to be aware and be ready to signpost the new right to their reports.
Some key points to note
- The right only applies to employees. It does not apply to workers.
- It will be a “day one” right, i.e. 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 a maximum of twelve weeks.
- The leave may be taken while the child is receiving the care or after, if it’s taken within 68 weeks of the child’s birth.
- If 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’s able to take neonatal care leave in non-consecutive weeks. This is known as ‘tier 1’ leave.
- If 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.
Further reading
- Employment Rights Bill – Top 8 significant changes
- New rights for parents: neonatal care leave and pay at a glance – UK Employment Hub
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