Legal update – Neonatal Leave and Care Summary


Neonatal Leave and Care Summary

HMRC published some Guidance in its February Employers Bulletin relating to Neonatal Care Leave and Pay. What do we know so far?

The government’s intention is to introduce statutory rights to Neonatal Care Leave and Pay with effect from 6 April 2025. This is governed by the Neonatal Care (Leave and Pay) Act 2023.

  • Parents who are employees will have a day 1 right to take up to 12 weeks off work, depending on the length of time their baby is in neonatal care.
  • “Parents” will cover natural, adoptive parents who are fostering to adopt and intended parents in surrogacy arrangements
  • Subject to meeting eligibility criteria the parents will also be entitled to receive up to 12 weeks of Neonatal Care Pay. To qualify employees will require to have worked for their employer for at least 26 weeks and earn on average at least £125 per week before tax from April 2025

There are two levels for taking leave and pay:

  • level 1 – when the baby is still receiving neonatal care and covers up to 1 week after the care ends. Written notice for this type of leave/pay must be given within 28 days beginning with the first day of the week in which NCP is being claimed. Prior to this, notice can be given verbally by the employee.
  • level 2 – the period outwith the level 1 period and covers up to the end of 68 weeks from the date of the baby’s birth. Written notice is required 15 days in advance for 1 week’s leave and 28 days in advance to claim pay for 2 or more weeks leave.

In addition to receive leave or pay for leave in level 1 or 2 the employee has to provide specified information to the employer including

  • the employee’s name
  • the date of the child’s birth
  • the date of the child’s placement with the adopter/prospective adopter, where applicable
  • the date of the child’s entry to Great Britian to live with the overseas adopter, where applicable
  • the date the child started to receive neonatal care, or each date if the child received neonatal care on 2 or more separate occasions
  • if the neonatal care has finished, the date the neonatal care ended
  • if this is the first notice given, a declaration that the employee meets the parent child relationship criteria
  • that the employee has cared for or intends to care for the child during the period to which the notice relates.