Neonatal care leave: Four common scenarios employers could face

Authors: Jo Broadbent and Stephen Simpson

Employers across England, Wales and Scotland must be ready for the new right to neonatal care leave, which is available to parents of children born on or after 6 April 2025. To help HR professionals cut through the complexities, we explain the legal entitlement in four of the most likely scenarios where a parent gets additional time off because their child requires neonatal care.

Scenario 1: Father/partner takes consecutive neonatal care leave (tier 1)

What's the situation?

A child is born on 12 April 2025 and needs three weeks' neonatal care. The child leaves hospital on 5 May.

The child's father takes his first week of leave during week 2 of the child's neonatal care, second week of leave during week 3 of the child's neonatal care, and third week of leave in the week immediately after the child's discharge.

He notifies his employer that he will be taking one week's leave before he is due to begin work at the start of each working week, on 21 and 28 April and 6 May (as 5 May is a bank holiday).

Explanation

• The employee is entitled to neonatal care leave because the child's neonatal care started within 28 days of birth (counted from the day after child is born) and the neonatal care lasted seven days or more (counted from the day after the neonatal care started).
• Neonatal care leave can be taken only after a child has received seven days of uninterrupted care (counted from the day after the neonatal care started). This is why the employee takes their first week of leave during week 2 of the child's neonatal care.
• To take neonatal care leave during the tier 1 period, the employee must notify their employer before they are due to start work on the first day of their absence in the relevant week (unless that is not reasonably practicable).
• In this scenario, the employee is taking all their neonatal care leave consecutively in tier 1. However, in tier 1, neonatal care leave does not have to be taken in a single block - see scenario 2 for an example of an employee taking neonatal care leave in non-consecutive weeks.

Scenario 2: Father/partner takes non-consecutive leave (tier 1 and tier 2)

What's the situation?

A child is born on 12 April 2025 and needs four weeks' neonatal care. The child leaves hospital on 12 May.

The child's father takes his first and second weeks of leave during weeks 2 and 3 of the child's neonatal care, then returns to work for a week. He takes his third week's leave in the week immediately after the child's discharge. He decides to use his fourth week of leave from 4 August 2025, in the tier 2 period.

He notifies his employer that he will be taking leave before he is due to begin work at the start of each working week in which he will be absent during the tier 1 period, on 21 April, 28 April and 12 May.

As a single week of leave in tier 2, he will need to give his employer notice at least 15 days before the first day of the final week of neonatal leave in August, so by 20 July.

Explanation

• The employee is entitled to neonatal care leave because the child's neonatal care started within 28 days of birth (counted from the day after child is born) and the neonatal care lasted seven days or more (counted from the day after the neonatal care started).
• Neonatal care leave can be taken only after child has received seven days of uninterrupted care (counted from the day after the neonatal care started). This is why the employee takes the first week of leave during week 2 of the child's neonatal care.
• Neonatal care leave taken during the tier 1 period can be taken in non-continuous blocks of a minimum of one week.
• Any neonatal care leave accrued but untaken during the tier 1 period can still be taken during the tier 2 period - albeit only as one continuous block.
• To take neonatal care leave during the tier 1 period, the employee must notify their employer before they are due to start work on the first day of their absence in the relevant week (unless that is not reasonably practicable).
• To take a single week of neonatal care leave during the tier 2 period (as is the case in this scenario), the employee must notify their employer 15 days before the first day of neonatal care leave to which the notice relates. To take two or more consecutive weeks' neonatal care leave during the tier 2 period, the employee must provide the employer with 28 days' notice.

Scenario 3: Mother takes consecutive leave after maternity leave (tier 2)

What's the situation?

A child is born on 12 April 2025 and needs four weeks' neonatal care.

The child's mother is on maternity leave. She wants to take her neonatal care leave at the end of her maternity leave on 29 March 2026, before she returns to work.

She needs to give her employer at least 28 days' notice before the first day of her four-week neonatal care leave period, so by 1 March 2026.

Explanation

• The employee is entitled to neonatal care leave because the child's neonatal care started within 28 days of birth (counted from the day after child is born) and the neonatal care lasted seven days or more (counted from the day after the neonatal care started).

• An early birth automatically triggers maternity leave, which starts on the day after the baby's date of birth.
• Neonatal care leave can be taken after maternity leave - the employee cannot pause their maternity leave to take neonatal care leave and then return to maternity leave.
• In this scenario, the employee has chosen to take four weeks' neonatal care leave immediately after the end of their maternity leave. However, they have the option of taking it at any time until 68 weeks after their child's date of birth - albeit it must be taken in a single block (because it is in tier 2).

Scenario 4: Twins are both in neonatal care

What's the situation?

Twins are born on 12 April 2025.

Twin A is admitted to neonatal care at birth. The neonatal care lasts two weeks and the child is discharged on 27 April.

Twin B is admitted to neonatal care a week after birth, on 19 April. The neonatal care lasts two weeks and the child is discharged on 4 May.

The twins' parents would both be entitled to three weeks' neonatal care leave.

Explanation

• In a multiple birth situation, for any week when more than one child is in neonatal care, the employee only accrues one week's neonatal care leave. In other words, there is no double entitlement (and the employee's maximum neonatal care leave entitlement is 12 weeks, even if there is a multiple birth).
• In the scenario set out above, the parents' three-week entitlement to neonatal care leave reflects:
  • the week that twin A (but not twin B) was in hospital;
  • the week that both twin A and twin B were in hospital, which the parents could take either in relation to twin A or twin B but not both; and
  • the week that twin B (but not twin A) was in hospital.
• The tier 1 period would run from the date twin A was admitted (12 April) to seven days after twin B was discharged (11 May).

Neonatal care leave: 10 quick facts to remember

1. Entitlement: One week's neonatal care leave for every uninterrupted week baby receives neonatal care.
2. Minimum period: One week's neonatal care leave.
3. Maximum period: 12 weeks' neonatal care leave.
4. Pattern of leave - tier 1 period: Neonatal care leave taken in the tier 1 period can be taken in non-continuous blocks of a minimum of one week.
5. Notice requirements - tier 1 period: Employee must notify employer before they are due to start work on the first day of their absence (unless that is not reasonably practicable).
6. Pattern of leave - tier 2 period: Neonatal care leave taken in the tier 2 period must be taken in one continuous block.
7. Notice requirements - tier 2 period: To take a single week of neonatal care leave, employee must notify employer 15 days before first day of neonatal care leave to which notice relates. To take two or more consecutive weeks' neonatal care leave during the tier 2 period, employee must provide employer with 28 days' notice.
8. Earliest start date: Neonatal care leave can be taken only after child has received seven days of uninterrupted care - counted from day after neonatal care started.
9. Cut-off date: Neonatal care leave can be taken up to 68 weeks from baby's date of birth.
10. Neonatal care pay rate: Weekly rate of statutory neonatal care pay, which increases every April (first Sunday of month), is £187.18, or 90% of average weekly earnings where average weekly earnings are less than £187.18.