Understanding neonatal care leave and pay
04 June 2025
The Neonatal Care (Leave and Pay) Act 2023 came into effect on 06 April 2025. ACAS has published new guidance on the Act and details advice for employers, detailing that eligible parents can take neonatal care leave from day one of employment, once their child has been in neonatal care for at least seven consecutive days.
Parents whose baby is admitted to neonatal care up to the age of 28 days, may be eligible for up to 12 weeks leave. Parents will be able to take a minimum of one week to a maximum of 12 weeks leave, and parents will get one week of leave for each week the baby is in care.
To be eligible for neonatal care pay, parents must have 26 weeks continuous service and the 26 weeks must be completed before ‘the relevant week’.
The relevant week depends on any other pay a parent qualifies for. If a parent is receiving maternity or paternity pay, the relevant week is the 15th week before the week the baby is due. For statutory adoption pay or paternity pay for adoption, the relevant week is when they are notified of being matched with the child. For any other pay for family leave, the relevant week is the one immediately before the week that neonatal care begins.
Need help updating your leave policies to comply with the Neonatal Care Act? Our employment team can provide tailored advice to ensure your organisation meets all legal requirements. Contact Backhouse Jones today for expert guidance.
This article was written by Gabrielle Scriven.
