Every year, thousands of parents face the emotional and financial stress of having a new born in neonatal care. The UK Department for Business and Trade has announced the introduction of a new statutory right to Neonatal Leave and Pay, taking effect from 6 April 2025. The measures follow the passing of the Neonatal Care (Leave and Pay) Act in 2023, marking a significant milestone in parental rights legislation.
Regulations have been introduced by the government to bring about this change, set to take effect on 6 April, pending Parliamentary approval.
What does the new right involve?
Currently, parents are required to use their annual leave or other forms of unpaid parental leave to care for a baby undergoing neonatal treatment. This situation can be challenging and stressful for families already facing a medical crisis.
From April 2025, parents of babies admitted to neonatal care within the first 28 days of life will be entitled to Neonatal Care Leave. This entitlement applies when the hospital stay lasts for seven continuous days or longer and must be taken within 68 weeks of the baby’s birth. This new law is a Day One right, applying the first day of employment. However, it will be exclusively available to employees and does not extend to workers.
Eligible parents will be entitled to up to 12 weeks of leave in addition to any existing leave entitlement such as maternity or paternity leave. Statutory Neonatal Care pay will also be available for those that meet certain criteria such as:
- Minimum earnings threshold of £123 per week; and
- Having been employed continuously for a period of 26 weeks before the leave request.
This financial support aims to ease the burden on families during an already challenging time.
A pivotal moment for workplace support
The introduction of Neonatal Care Leave and Pay is an opportunity for employers to better support their staff during difficult times. Employers have a duty of care to their employees and ensuring that affected families feel supported will contribute to a more inclusive and compassionate workplace. The measures will complement the Employment Rights Bill and continue the significant direction in expanding workplace rights and protections.
How employers can prepare and support affected staff
- Develop a neonatal care policy to compliment other parental leave policies: This should explain how neonatal care leave and pay work, raise awareness of the challenges faced by the parents and outline the support available to affected employees.
- Provide training for managers: Equip managers with the knowledge and sensitivity to handle conversations around neonatal care, ensuring they can provide appropriate support and avoid inadvertently causing distress.
- Foster open communication: Ensure regular welfare checks with affected employees, maintaining a supportive dialogue throughout their leave and when they return to work.
- Make practical adjustments: Consider measures to ease parents’ return to work, such as flexible working hours or phased return to help them manage their dual responsibilities.
- Create a culture of compassion: A clear and robust policy on discrimination, combined with education on neonatal care challenges, will help foster an understanding and inclusive workplace.
- Signpost external resources: Provide information on where employees can access additional support such as counselling or neonatal care charities.
Looking ahead
The introduction of Neonatal Care Leave and Pay is an important step in recognising the unique challenges faced by parents with babies in neonatal care and is one of the first major changes in employment law taking effect under the current Labour government. By preparing now and implementing supportive policies, employers can play a vital role in ensuring their staff feel valued and cared for should they find themselves facing this difficult situation.
How can we help?
For more information on implementing these changes developing workplace policies or if you simply require ad-hoc advice, please contact our Employment Law team.
