From 6 April 2025, the law has changed to introduce special protections and leave entitlements when a staff member’s newborn requires specialist hospital care. These protections aim to support parents during an acutely stressful and uncertain time.
As an employer, understanding what leave and pay your staff are entitled to and having a clear sense of how to administer it ensures compliance with the law and a smoother process for everyone. We’ve simplified it all into a helpful guide that sets out the key responsibilities that you and your staff must observe when dealing with neonatal care leave and pay.
What is neonatal care leave and pay?
Neonatal care leave is an entitlement to time off work available to the parents of a baby admitted to hospital for specialist care within the first 28 days after birth. It is a day one right – meaning that there is no minimum period of employment needed before the right can be exercised – and is in addition to any other period of leave the parent is entitled to (eg maternity or paternity leave).
Staff taking neonatal care leave may also be entitled to neonatal care pay which is at the same rate as statutory maternity or paternity pay, unless you’ve agreed to pay more. The right to pay is not a day one right, so there are some circumstances where your staff might be entitled to neonatal care leave but not pay.
For more on what types of staff are eligible for neonatal care leave, see Q&A here, and for more on who is entitled to pay, see our Q&A here.
How much leave can be taken?
Neonatal care leave may be taken in weekly blocks up to 12 weeks of leave to support the baby’s care. Each block accrues when the baby has been in hospital for seven consecutive days. Entitlement can accrue separately in respect of different children if they receive care at different times, but the overall maximum of 12 weeks remains the same.
The leave must be taken in full weeks, not individual days, and must be taken within 68 weeks of the baby’s birth. The first day leave can be taken is the day after the baby has been admitted to seven full days of neonatal care.
For more on when leave can be taken, see Q&A here.
Notifying you about leave
Staff members must inform you if they intend to take neonatal care leave. If the baby is currently receiving neonatal care or was discharged within the last seven days, they can notify you immediately – including at short notice. If the baby’s care ended more than seven days ago, advance notice is required: 15 days for a single week of leave, or 28 days for multiple weeks.
Given the unforeseen and stressful circumstances that surround post-natal care, it may be considerate to take a flexible approach to notice requirements.
More on this can be found in Q&A here.
i. The notice should include:
ii. the baby’s date of birth;
iii. dates when neonatal care began and ended (if applicable);
iv. the intended start date of the leave; and
v. whether they also intend to claim neonatal care pay.
Further guidance is available in our Q&A here.
Returning to work
Staff members that take leave are entitled not be disadvantaged for doing so. This means that they have a right to return to work into the same jobs, or, if they have been away from work for over 26 weeks (which may be the case if neonatal care leave is combined with maternity leave) they are entitled to a return to a substantively similar role.
For more details on your duties concerning returning staff see our Q&A here.
Claims for neonatal care pay
Staff members who take neonatal care leave may also be entitled to claim neonatal care pay if they meet minimum criteria based on earnings and length of service. For more on eligibility, see our Q&A here.
To claim neonatal care pay, staff members must provide written notice and evidence. This could include hospital letters or other medical documentation confirming that the baby received qualifying neonatal care. They must also declare that they will be responsible for the care of the child during their leave period.
For more details on eligibility and evidence requirements, see our Q&A here.
While staff members cannot work for you during any week they receive neonatal care pay, they may work for other employers during that time. They do need to inform you of this, and you may ask for notice in writing.
For more, see our Q&A here.
Employer considerations
You can recover statutory payments for neonatal care pay through HMRC, the same as for other types of statutory pay such as maternity pay. See our Q&A here for the recovery process and payment rules.
Don’t forget… take a supportive approach!
Although there are specific legal requirements around notice and eligibility, you are allowed to accept shorter or informal notice periods if appropriate – particularly in urgent or sensitive situations. Being flexible, so long as you maintain suitable records for payroll and compliance, is both lawful and considerate during a difficult time for your staff.
The content in this article is up to date at the date of publishing. The information provided is intended only for information purposes, and is not for the purpose of providing legal advice. Sparqa Legal’s Terms of Use apply.
Rahul joined Sparqa in 2025 from the Commercial Court, where he served as a Judicial Assistant. He has active interests in commercial, corporate and employment developments which he pursues alongside teaching undergraduate law.