Every year in the UK, approximately 90,000 babies will be admitted to the neonatal unit as they have either been born prematurely (before 37 weeks) or they are born at full term (after 37 weeks) but are unwell. Around 1 in 7 babies born are admitted to the neonatal unit each year in the UK.
Having a baby brings a whole host of different emotions and in the event parents have to experience the Neonatal Care Unit, this can be extremely distressing.
The Neonatal Care (Leave and Pay) Act 2023 came into force on 6 April 2025 and provides statutory paid time off work for parents if their newborn baby is premature or unwell and requires neonatal care. B P Collins’ employment team explores the new legislation and its impact for both employers and employees.
The definition of ‘neonatal care’ relates to the care for a newborn which starts in the first 28 days after they are born. This could be for care provided to the baby at the hospital, medical care provided after the baby has left the hospital or for palliative or end of life care.
Neonatal Care Leave means parents could receive one week’s leave for every 7 full and continuous days a baby is in neonatal care, for up to 12 weeks. Neonatal Care Leave is in addition to other parental pay and leave entitlements. This new right is designed to support parents at a challenging time when their baby needs medical and specialised care. It provides time for parents to care for their baby without impacting their employment.
Thousands of parents each year will now have access to additional support, if eligible, aiming to relieve some of the pressure on a working family when their baby is unwell.
Any Neonatal Care Leave must be taken within 68 weeks of the birth of the baby and the length of the Neonatal Care Leave will depend on how long the baby is receiving neonatal care. The Statutory Neonatal Care Pay is at the time of publication the lower of £187.18 per week or 90% of the employee’s average earnings (subject to certain strict eligibility rules).
If an employee is taking Neonatal Care Leave, the employer should keep in touch with them where appropriate, keep all information confidential and provide any required support during the time of leave. Employers should have a policy in place for such leave and it should be made available to employees.
If an employee has a baby who requires neonatal care, the employer should be alive to the fact they are not entitled to neonatal care leave in the first 7 days. Employers should be responsive to this and understanding during a stressful time.
A person who holds the status of employee, is protected by law whilst on Neonatal Care Leave and when returning to work. Employees receive protection from dismissal if they planned to take or are taking Neonatal Care Leave nor should they face a detriment for doing so.
Our experienced team of solicitors can assist you if you have employees taking Neonatal Care Leave and require assistance handling this or creating a policy. Alternatively, if you believe you have suffered a detriment or have been put at a disadvantage in the workplace for taking Neonatal Care Leave we can assist individuals in this regard.
The law in this area can be complicated and is important for employers to acknowledge and understand their legal duties and for employees to know their rights.
If you’d like to discuss the issues raised in this article or any other employment matter, please contact B P Collins’ employment team at enquiries@bpcollins.co.uk or call 01753 889995.
