What is the new right?
The new statutory right to neonatal care leave and pay will apply in respect of babies born on or after 6 April 2025 who receive neonatal care in hospital. The purpose is to ensure that parents of children who are placed in neonatal care (often as a result of premature birth) are able to take full benefit of their right to maternity (or shared parental/adoption leave) at home with their child, rather than having the period of neonatal care eat into that leave. It does this by creating a new, additional right to leave for those parents.
Who is eligible?
For an employee to be eligible to take the leave, neonatal care must start within 28 days of the child's birth and must continue without interruption for at least seven more days. The definition of neonatal care includes treatment in hospital or elsewhere, provided there is ongoing monitoring and the care is directed by a consultant, as well as palliative and end of life care.
How much leave can they take?
In summary, an employee is entitled to take one week of neonatal care leave for each week that a child has spent in neonatal care, up to a maximum of 12 weeks, provided that certain eligibility and notice requirements are met. Employees will be eligible if they are the parent, intended parent (under a surrogacy arrangement), adopter or intended adopter of the child (or their partner), have or expect to have responsibility for the child and take the leave to care for the child.
After the child has been in neonatal care for one week, the employee may take their neonatal care leave in blocks of 1 week or more, which do not need to be continuous. Once the child has left neonatal care for at least one week and is no longer receiving such care, the employee may take their remaining leave in a continuous block.
Pay and protection
Eligible employees will be entitled to be paid for the leave at the same rate as statutory paternity pay, and there is protection against detriment and dismissal and enhanced redundancy protection, as well as a right to return from such leave, equivalent to the protections for employees on maternity leave and shared parental leave.
Employers should ensure that their handbooks, contracts and policies are updated to reflect these new rights, particularly if they intend to offer enhanced pay.
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