By Rachel Ellis, Partner & Regional Employment Rights Manager &
Matthew Rowlinson, Employment Rights Lawyer
The government has published technical guidance to support employers in preparing for the introduction of neonatal care leave and pay, due to come into force from April 2027. The new statutory entitlement was introduced under the Employment Rights Act 1996 as amended by the Neonatal Care (Leave and Pay) Act 2023, and is one of several reforms being delivered through the wider Employment Rights Bill.
The new guidance outlines how employers should prepare for the new entitlement, which allows eligible parents to take up to 12 weeks of paid leave when their baby requires neonatal care after birth.
Key Points from the Guidance
Eligibility and Scope
The leave is available to employees with parental responsibility for a child who is admitted to hospital aged 28 days or under and receives at least seven consecutive days of neonatal care. It applies to parents regardless of whether they qualify for other forms of family-related leave.
Duration and Pay
Eligible employees can take one week of leave for every week their child receives neonatal care, up to a maximum of 12 weeks. Statutory Neonatal Care Pay (SNCP) is paid at the prescribed statutory rate (currently £184.03 per week or 90% of average weekly earnings, whichever is lower).
Interaction with Other Leave
Neonatal care leave is in addition to other statutory parental leave entitlements, including maternity, paternity, and shared parental leave. It can be taken after maternity or paternity leave ends, providing flexibility for parents during prolonged hospital stays.
Notice and Evidence Requirements
Employees must give at least seven days' notice, or as soon as reasonably practicable, of their intention to take neonatal care leave. Employers can request evidence of the baby’s hospitalisation but must not require unnecessary documentation.
Employer Preparations
Employers are encouraged to update their policies and payroll systems, ensure HR teams are trained on eligibility and evidence checks, and communicate clearly with employees who may be affected. HMRC will provide more detailed guidance on record-keeping and statutory payment processes closer to implementation.
Importance for Union Reps
This new right represents a significant step forward in supporting working families during some of the most stressful periods of early parenthood. Union reps should be prepared to support members in understanding their entitlements and ensure employers comply with the new rules from day one.
