Neonatal care leave

Neonatal care leave

Employees can take up to 12 weeks of neonatal care leave for a child who is born or placed with them (i.e. started living with them) on or after 6 April 2025 and requires neonatal care. The neonatal care must:

• start within 28 days of the child's birth, or after the day they were placed with them (if adopted); and
• continue uninterrupted for at least 7 days, beginning with the day after the care started.

If an employee is adopting a child, any days the child spent in neonatal care before they were placed with them will not count towards this 7-day period.

Employees will be eligible from the day they start work (without needing a minimum period of service), but must:

• have a qualifying relationship with the child;
• be responsible for their upbringing; and
• give you the proper (legal) notice.

What is neonatal care?

Neonatal care includes:

• Medical care in a hospital (including a maternity home, clinic or outpatient department).
• Medical care received elsewhere following a baby's discharge from hospital, provided it's under the direction of a consultant and includes ongoing monitoring and visits to the child by healthcare professionals arranged by the hospital they were discharged from.
• Palliative or end-of-life care.

Entitlement to neonatal care leave

Qualifying employees will be entitled to one week of leave for every continuous 7-day period that their child receives neonatal care, up to a maximum of 12 weeks.

This must be taken within 68 weeks of the child's birth or after the date they were placed with the employee (for adoptions).

They don't have to take leave while their child is receiving neonatal care and can use other types of statutory family leave during this period (e.g. maternity or paternity leave). They can then take the leave at a later point within the 68-week period, such as taking it after their maternity or paternity leave ends.

This helps to compensate for the time their child spent in neonatal care.

There is no extra entitlement for twins or other multiples – they count as one child for these purposes.

Qualifying relationship for neonatal care leave

An employee will have a qualifying relationship with the child if:

• They're the child's natural (biological) parent.
• They're a parent through a surrogacy arrangement for a child born in the UK, if on the day of the child's birth they have, or intend to apply for, a parental order under the Human Fertilisation and Embryology Act 2008 (whether jointly with someone or in their sole name) and expect the court to agree to it.
• They're an adoptive parent of a child born in the UK, who's placed with them under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.
• They're an adoptive parent of a child placed with them by a local authority, as they're a local authority foster parent.
• They're the partner (i.e. not a relative or friend) of anyone mentioned above and they live with them and the child in an enduring family relationship (a stable or continuing relationship that may be maintained through the child's life). Partner includes those who are not married or in a civil partnership, as well as those who are.

Responsibility for their upbringing

Parents, surrogacy parents and adopters must have responsibility for the upbringing of the child.

Partners must have the main responsibility for the child's upbringing over anyone else other than the parent, surrogacy parent or adopter.

How leave can be taken

The rules differ depending on whether they take the leave during what is referred to as the tier 1 period or the tier 2 period.

Tier 1

This is the period from and including the date their child starts receiving neonatal care to the 7th day after it ends. During the tier 1 period, they cannot take any leave for the first week that their child receives neonatal care. This 7-day period starts the day after the first day of neonatal care, which means they can only start taking leave on day 9 of neonatal care.

For example: Their child starts neonatal care on a Monday (day 1). They must count the 7-day period from day 2 (Tuesday) to day 8 (the following Monday). So, they'll be entitled to start their leave on day 9 (Tuesday).

Tier 1 leave can be taken as consecutive or non-consecutive weeks.

Tier 2

Any neonatal leave taken after the tier 1 period is considered a tier 2 period.

If taking more than one week of tier 2 leave, the weeks must be taken consecutively (i.e. in one block).

When to give notice

Notice to take tier 1 leave should be given before the first day the employee is due to start taking it or, if that's not possible, as soon as reasonably possible afterwards.

The notice doesn't have to be in writing and can be informal, such as a telephone call or text message. You cannot ask for it be given in writing.

Employers and employees can agree to waive the notice requirements.

Notice to take tier 2 leave must be given no later than 15 days before the first day of a single week of leave, or 28 days before the first day of 2 or more weeks of leave. The notice must be given in writing.

What must be included in a notice?

An employee must give you notice that they're taking neonatal leave stating:

• Their name.
• The child's date of birth or date when they were placed with them (for adoptions).
• The date or dates the child started to receive neonatal care.
• The date neonatal care ended (if the child is no longer receiving it).
• That they're taking leave to care for the child.
• That they have a qualifying relationship with the child (for the first notice given for them).

They must also tell you about the following dates, as soon as reasonably possible:

• The date the neonatal care will end, if it's still ongoing.
• The date the neonatal care will start and end, if their child starts to receive it again.

Cancelling neonatal care leave

Employees can't cancel tier 1 leave, unless you allow them to.

However, they can cancel tier 2 leave by giving you:

• 15 days' notice for a week of leave.
• 28 days' notice for 2 or more weeks.

Government guidance

The Government has said that it will publish guidance (on GOV.UK) ahead of 6 April 2025. This should include an employer guide and guidance for employees. The Advisory, Conciliation and Arbitration Service (Acas) will also publish guidance for employers when the legislation is in force.