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 you're adopting a child, any days the child spent in neonatal care before they were placed with you will not count towards this 7-day period.

You'll be eligible from the day you 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 your employer 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

You'll be entitled to one week of leave for every continuous 7-day period that your 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 you (for adoptions).

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

This helps to compensate for the time your 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

You'll have a qualifying relationship with the child if:

• You're the child's natural (biological) parent.
• You're a parent through a surrogacy arrangement for a child born in the UK, if on the day of the child's birth you have, or intend to apply for, a parental order under the Human Fertilisation and Embryology Act 2008 (whether jointly with someone or in your sole name) and expect the court to agree to it.
• You're an adoptive parent of a child born in the UK, who's placed with you under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.
• You're an adoptive parent of a child placed with you by a local authority, as you're a local authority foster parent.
• You're the partner (i.e. not a relative or friend) of anyone mentioned above and they live with you 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 you 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 your child starts receiving neonatal care to the 7th day after it ends. During the tier 1 period, you cannot take any leave for the first week that your child receives neonatal care. This 7-day period starts the day after the first day of neonatal care, which means you can only start taking leave on day 9 of neonatal care.

For example: Your child starts neonatal care on a Monday (day 1). You must count the 7-day period from day 2 (Tuesday) to day 8 (the following Monday). So, you'll be entitled to start your 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 you're 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 you're 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. Your employer cannot insist you to give it in writing.

Your employer could 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. You must give the notice in writing.

What must be included in a notice?

You must give your employer notice that you're taking neonatal leave stating:

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

You must also tell them 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 your child starts to receive it again.

Cancelling neonatal care leave

You can't cancel tier 1 leave, unless your employer allows you to.

However, you can cancel tier 2 leave by giving your employer:

• 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.