Neonatal Care Leave Updates Available

14th April 2025
back to legal update

In this article

    Share this article

    As you will be aware from earlier Legal Updates eligible employees have a new right to statutory neonatal care leave and, if they qualify for it, statutory neonatal care pay. This requires businesses to update their contracts of employment and employee handbook to reflect the change to the law.

    So, what does your business need to know and do?

    1. Document updates available
    2. What is the new right?
    3. Communicate the change to those with people management responsibilities


    1. Document updates available 

    In light of the changes, a non-contractual neonatal care leave policy based on the statutory scheme is available as an update to your Employee Handbook. Updates are also available for PSOTs where sections are affected by the new right, for example, the ‘Other Paid Leave’ clause. Alongside these updates, a supporting Memo is available to assist you in implementing the updates in your business. 

    As your contract documents are tailored specifically to your business, to obtain the above please contact your Employment Law Specialist who will be happy to help.


    2. What is the new right?

    In brief, neonatal care leave will apply to eligible parents of babies  who are admitted into neonatal care up to 28 days old and who require neonatal care for seven full days or longer. The new right applies where the baby is born on or after 6th April 2025. The right allows eligible parents to take up to 12 weeks of leave (and statutory neonatal care pay if they qualify for this) on top of any other leave they may be entitled to, such as maternity or paternity leave. Subject to the cap, the amount of neonatal care leave (and where applicable, statutory neonatal care pay) an employee can take will depend on how many weeks the baby receives neonatal care for.

    There is no qualifying period of service required to take the leave. How leave is taken and the notice requirements that apply depend on when an employee wants to take the leave.


    3. Communicate the change to those with people management responsibilities 


    It will be important to make sure that everyone with people management responsibilities in your business is aware of the new right to enable requests for neonatal care leave to be handled appropriately and sensitively.


    Have an HR issue you would like assistance with? Please don’t hesitate to contact us.