The Neonatal Care ( Leave and Pay ) Act 2023, which came into effect on 6 April 2025, introduces significant workplace changes for parents of babies in neonatal care. This law ensures that eligible parents can take additional leave and receive statutory pay when their newborns need extended care in a neonatal unit. Here’s what you need to know about this important update.
What is Neonatal Care Leave?
Neonatal care leave allows eligible parents to take extra time off to support their baby while receiving care in a neonatal unit. Parents can take neonatal care leave once their baby has been in neonatal care for at least seven consecutive days. Importantly, there is no minimum employment requirement. Parents are entitled to leave from their first day of employment.
What Does Neonatal Care Include?
Neonatal care refers to the medical care provided to newborn babies within their first 28 days of life. This includes:
- Medical care in a hospital
- Ongoing care after discharge from the hospital
- Palliative or end of life care.
This broad definition ensures that all types of neonatal care, whether in hospital or at home, are covered under this new entitlement.
Who Can Take Neonatal Care Leave?
Neonatal care leave is available to:
- The mother or birth parent
- The father
- The partner of the mother or birth parent, including same sex partners
- Parents adopting a child
- Intended parents in a surrogacy arrangement
This wide eligibility ensures that all parents, regardless of family structure, can take neonatal care leave if their baby requires extended care.
How Much Leave Can Parents Take?
The length of neonatal care leave depends on the baby’s time in neonatal care:
- Parents can take a minimum of one week of leave. With the option to extend it up to 12 weeks, depending on the baby’s care needs.
- The leave can be taken at any point during the child’s stay in neonatal care. But must begin after the baby has been in neonatal care for at least seven consecutive days.
This flexibility ensures parents can take the necessary time to support their child, whether the stay is short or longer.
Statutory Neonatal Care Pay
Eligible parents may also receive Statutory Neonatal Care Pay (SNCP). The pay is:
- Available to employees who have completed 26 weeks of continuous service by the relevant date
- Paid at the same rate as statutory maternity or paternity pay, ensuring that parents don’t face financial strain while taking leave to care for their baby
It’s worth noting that neonatal care leave is in addition to other leave entitlements, such as maternity or paternity leave, meaning parents can benefit from both.
The Impact of the Neonatal Care Leave Act
The Neonatal Care Leave Act 2023 is a positive change, offering parents essential support during one of life’s most challenging times. By providing both additional leave and pay, the law ensures that parents can focus on their baby’s health without the added stress of work or financial hardship.
For employers, this law underscores the importance of flexible workplace policies that support employees during personal and family challenges. As the law is now in effect, employers must be prepared to implement these changes and inform employees of their new rights.
At 360 Law Services, we understand the importance of supporting parents during such critical times. As experts in employment law, we can guide both businesses and employees through the complexities of the new Neonatal Care Leave and Pay Act. If you have any questions or need assistance with this new entitlement, our team is here to help.