Neonatal care leave: the new statutory entitlement
Neonatal care leave is a new statutory right that came into force on 6 April 2025. It gives parents of babies who require hospital care within their first 28 days of life the right to additional leave — on top of existing maternity, paternity, shared parental, and adoption leave entitlements. For employers, this is a brand new right to understand, administer, and communicate to employees who may need it.
The entitlement is up to 12 weeks of neonatal care leave per parent. Both the mother and the other parent (where applicable) have an individual entitlement — this is not a shared allowance. The leave is available from the first day of employment, with no qualifying period required.
Neonatal care leave is triggered when a baby born within 28 days of birth requires a hospital stay of at least seven consecutive days. The leave runs from the point of the hospital admission, can be taken in weekly blocks, and must be completed within 68 weeks of the baby's birth. It is designed to be taken during or shortly after the period of neonatal care, not saved for use later.
Neonatal care pay — the statutory rate — applies to eligible employees. The rate mirrors statutory maternity pay: 90% of average weekly earnings for the first six weeks where applicable, or the flat weekly rate (whichever is lower). The precise calculation method is specified in the regulations and mirrors the existing statutory payment framework.
To be eligible for neonatal care pay (as distinct from just the leave), an employee must have 26 weeks of continuous service by the relevant week, and must earn above the lower earnings limit. The leave itself — unpaid — is available to all employees from day one regardless of earnings or service.
For HR teams, the administrative steps are: ensure your payroll system is updated to handle neonatal care pay calculations, update your parental leave policy to include neonatal care leave, and ensure your managers know this right exists and how to direct employees to the right support. Many employees who have a baby in neonatal intensive care are in a state of enormous stress — the HR response needs to be warm, clear, and human.
The right interacts with other leave types. Where maternity leave has already begun, neonatal care leave is paused during the maternity leave period and can be taken afterwards. Where the baby sadly does not survive, there are separate bereavement provisions that apply.
For a broader view of parental rights changes under ERA 2025, see our guide on maternity and paternity rights: the full picture and our ERA 2025 compliance checklist.
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