Neo Natal Care Leave and Pay

A new right to neonatal care and leave will come into effect from 6 April 2026. It is expected
that this will benefit around 60,000 new parents. This is a significant expansion of the existing statutory rights to take family leave.

This is going to be a day one right and will help support many working families who have previously had to return to work whilst the babies are receiving medical care. Medical care may be provided in a hospital or elsewhere and will also include palliative or end of life care.

Who is eligible
Neonatal care leave will apply to parents whose babies are admitted into neonatal care upto 28 days old and who have a continuous stay in hospital of seven full days or longer. Eligible employees will include biological parents, adoptive parents and intended parents via surrogacy.

How much leave is available?
Eligible parents will be able to take up to 12 weeks of leave (and, if eligible, pay) on top of any other leave they may be entitled to such as maternity, shared parental leave and paternity leave.

There are different rules that apply depending on when a parent takes their neonatal care
leave and these fall into two tiers, Tier 1 and Tier 2:

Tier 1 – this applies when the neonatal care leave is taken that while the baby is receiving care and up to a week post discharge. Leave under this category can be taken in non-continuous blocks of at least one week at a time.

Tier 2 – any leave that does not fall within Tier 1 will fall within tier 2. Any leave under this category must be taken in one continuous block.

How much pay is available?
Eligible employees will receive Statutory Neonatal Care Pay for up to 12 weeks. To qualify, an employee must have 26 weeks of continuous service by the end of the 15th week before the expected week of childbirth and earn at least the lower earnings limit which is currently £123 per week.

The current rates of neonatal care pay will be £187.18 per week or 90% of average weekly
earnings, whichever is the lower. 

Steps to put in place 
Employees should be aware of this new right that will be coming into force so that they can take advantage of this if the child requires care in the first 28 days.

Employers need to put in place a new policy and also update their line manager/HR departments.