07/04/2025

ACAS has published new guidance on the rights to neonatal care leave and pay, which came into effect on Sunday, 6 April 2024.

The new rights to neonatal care leave and pay are to support for parents with a baby in neonatal care,

The Guide is divided into 6 parts covering

1. What the Law Says: An overview of the legal framework for neonatal care leave.
2. Checking Eligibility for Leave: Criteria for determining who qualifies for this leave.
3. Telling an Employer: How and when employees should notify their employer about their need for leave.
4. Managing Leave: Best practices for employers to support their staff during neonatal care leave.
5. Pay: Details of entitlement to neonatal care pay.
6. Rights During and After Leave: Protections for employees while on leave and when they return to work.

Some Key Points:

Duration of Leave: Neonatal care leave can range from a minimum of 1 week to a maximum of 12 weeks, depending on how long the baby requires neonatal care.

Eligibility: To qualify, the baby must have been in neonatal care for at least 7 consecutive days.

Combining with Other Leave: Neonatal care leave can be added to the end of any pre-booked statutory parental leave, giving parents additional flexibility.

Notice Requirements depend on whether the leave is classified as Tier 1 or Tier 2 Leave:

• Tier 1 Leave: Covers the period when the child is still in neonatal care and includes 1 week after neonatal care ends.
• Tier 2 Leave: Applies to the period beyond Tier 1 and before the end of 68 weeks from the child’s birth.

Retrospective Entitlement: Eligibility is only formalized once the child has been hospitalized for 7 days of neonatal care.

What Should Employers Do?

These provisions can be intricate and GB employers should ensure they understand the provisions. We have also have a Neonatal Care and Leave Policy and can provide this to any Member on request by emailing info@eefni.org

The ACAS Guidance can be accessed here