Neonatal Leave 2025

What is Neonatal Leave in the UK?

The neonatal leave law in the UK, effective from April 2025, applies to babies born on or after 1 April 2025 who require at least 7 consecutive days of neonatal care. If a baby is born before this date but later needs neonatal care, the parent will not be eligible for neonatal leave under the new law.

This law allows parents to take up to 12 weeks of paid leave to care for their baby in neonatal care. The leave ensures parents can be with their child during this challenging time without worrying about income loss or work pressures.

Neonatal Leave Eligibility Criteria

Neonatal leave is a day-one right for employees, which means all employees, regardless of their length of service, can access this leave, provided they meet the following criteria:

• The parent must be an employee (not self-employed or a contractor).

• The baby must have been in neonatal care for at least 7 continuous days.

• Parents can take up to 12 weeks of leave, which can be taken at any time within the first year of the baby’s life.

• Parents must notify their employer in advance and provide proof of the baby’s stay in neonatal care (e.g., a hospital discharge letter).

Neonatal Leave Pay Rate

Neonatal leave is paid at the same rate as Statutory Maternity Pay (SMP) or Statutory Paternity Pay (SPP), which from 6 April 2025, is £187.18 per week (or 90% of average weekly earnings, whichever is lower). This pay continues for the entire 12 weeks of neonatal leave.

• Employers may withhold neonatal pay if the required evidence is not provided by the employee.

• Proof of the baby’s time in neonatal care is required (e.g., a discharge letter or similar document).

Evidence for Neonatal Leave

The NHS provides documentation to confirm the baby’s time in neonatal care, which can be used by parents to prove their eligibility for neonatal leave. Parents can request:

• Hospital discharge letters

• Neonatal care discharge summaries

• Detailed records showing the baby’s stay in the neonatal unit

Can Employers Hire a Casual Worker During Neonatal Leave?

Yes, employers can hire temporary staff to cover an employee on neonatal leave. The employee’s job should be available upon their return, and any new terms agreed upon should be confirmed in writing. Employers must ensure they follow employment laws and avoid discrimination claims related to the temporary hire.

What Happens When an Employee Returns to Work?

• Employees should inform their employer of their planned return date.

• Employers should arrange a return-to-work meeting, check the employee’s wellbeing, and discuss any necessary adjustments.

• Employees should provide proof of neonatal care (if not already submitted) to process their pay.

If adjustments to the role (e.g., part-time work) are made, new terms must be agreed upon in writing.

What If the Employee Fails to Return to Work After Neonatal Leave?

• Employers should first attempt to communicate with the employee to understand the reason for the delay.

• If no extension of leave is requested, the employer can issue a formal warning or follow disciplinary procedures.

• If the employee fails to return without valid communication, termination may be considered, but employers must ensure it is done fairly and legally.

Self-Employed or Contractors: Do They Qualify for Neonatal Leave?

Self-employed individuals and contractors do not qualify for neonatal leave under UK law. This entitlement is available only to employees. However, they may explore alternatives such as Maternity Allowance, or negotiate directly with clients or employers for time off.