Government on track to implement neonatal leave and pay in April

The Government has recently confirmed that new measures on neonatal care leave and pay will be brought into force from 6 April 2025. As a first step, it has published two sets of regulations which define the extent of these new rights, which will need to be approved by Parliament. More regulations tidying up relatively minor details are on the way.

The Leave Regulations define eligibility for the new right to Neonatal Care Leave, which will be available from day one of employment. This new right will apply to parents and adopters of babies admitted into neonatal care up to 28 days old and who have a continuous stay in hospital of 7 days or longer. The leave will extend for a maximum of 12 weeks, and is in addition to any other statutory leave entitlement. As with other types of statutory leave, notice requirements apply. Leave must be taken within 68 weeks of the child’s birth and will apply in relation to babies born from 6 April onwards.

The Pay Regulations define eligibility for Statutory Neonatal Care Pay during a period of Neonatal Care Leave. To qualify parents/adopters must have 26 weeks’ service, comply with notification requirements and meet a minimum earnings threshold. SNCP will be paid at a flat rate – currently £187.18 per week or 90% of normal weekly earnings if lower.

The Government estimates that these new rights will benefit around 60,000 new parents every year. Now is the time for employers to update any relevant policies and to consider whether they wish to make any contractual enhancements to this new statutory regime. One thing to consider is whether they wish to take up the option in the Leave Regulations to waive the complex notification requirements which determine the start of any leave period.

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