Article

Neonatal care legislation

Details of the new neonatal care legislation which will come into force on 6 April 2025 and will apply to England, Scotland and Wales.

18 February 2025

Following the Neonatal Care (Leave and Pay) Act 2023 receiving royal assent on 24 May 2023, the new legislation will come into force on 6 April 2025 and will apply to England, Scotland and Wales.

The Act will provide parents of babies who require neonatal care additional leave and pay with a right to up to 12 weeks’ leave and pay. The act provides eligible parents with dedicated time to care for their newborn babies during a challenging period, without impacting their existing parental leave entitlements.

There are two categories of statutory neonatal care leave depending on when the employee takes the leave – tier 1 period leave and tier 2 period leave.

Neonatal care leave
The minimum period of neonatal care leave is one week and a maximum period of 12 weeks. This is in addition to existing parental leave entitlements and must be taken within a 68-week period. This leave entitlement is a day one right, and no minimum service period is required.
Employees will be entitled to take one week’s neonatal care leave for every uninterrupted week their baby receives neonatal care and can be taken in week-long increments.
Eligibility for neonatal care leave
Parents are eligible if the baby was born on or after 6 April 2025 and has received medical or palliative neonatal care for at least seven consecutive days within the first 28 days after birth. There are three categories of medical care within the Act that constitute as neonatal care:
1. Any medical care received in hospital.
2. Medical care received elsewhere following discharge from an inpatient stay hospital. The care must be under the direction of a consultant and includes ongoing monitoring and visits to the child by healthcare professionals.
3. Palliative or end of life care.
Neonatal care pay
Eligible parents who meet minimum requirements relating to continuity of employment (at least 26 weeks with their current employer by the end of the relevant week, dependant on the type of family related pay the employee is entitled to) and earnings to be paid during that leave will receive the weekly rate of statutory neonatal care pay. As of 6 April 2025, this will be £187.18, or 90 per cent of average weekly earnings where this figure is less than £187.18.
Eligibility for statutory neonatal care pay
Parent are eligible if they have 26 weeks or more of service with their employer by the end of the relevant qualifying week. The relevant qualifying week will be different dependent on the type of family related pay the employee is entitled to as per government eligibility criteria and have earnings on average of at least £123 a week.
This begins when the baby starts receiving neonatal care and up to a week post discharge. This period of leave ends on the seventh day after the day the baby stops receiving neonatal care.
Tier 1 leave can be taken in non-continuous blocks of a minimum of one week at a time and up to 12 weeks.
Notice period for leave - Notice must be given before an employee is due to start work on the first day of absence or if this is not possible, notice must be given as soon as reasonably practicable.
Notice period for pay - Notice must be given within 28 days from the first day of leave in which the period relates to or if this is not possible notice should be given as soon as reasonably practicable.
Note – Tier 1 notice does not need to be in writing.
This applies to leave taken after the tier 1 period ends and must be taken in one continuous block. The entitlement to this leave ends 68 weeks after the child’s birth.
Notice period for leave and pay
- For a single week of leave and pay, written notice at least 15 days before the first day of neonatal care leave.
- For a period of two or more weeks of leave and pay, written notice at least 28 days’ notice before the first day of leave in which the period it relates to.
Employers and the employee can mutually agree to waive any notice requirements.

Next steps for employers

Employers will need to review local policies and procedures in partnership with staff sides to ensure compliance with the Neonatal Care (leave and pay) Act 2023 ahead of the implementation date of 6 April 2025.  

Section 15 of the NHS Terms of Conditions of Service Handbook will be updated in April to reflect the statutory provisions. 

Read the Neonatal Care (Leave and Pay) Act 2023.

Contact: Agenda for change
Theme: Pay, pensions and reward
Keywords: Employment law
Publisher: NHS Employers

Neonatal care legislation

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