Updated Employer’s Guidance published on Statutory Neonatal Care Leave and Pay

As explained in our article of 08 April 2025, the statutory scheme for Neonatal Care Leave and Pay was introduced on 06 April 2025.

As a summary, parents of babies receiving neonatal care are entitled to a dedicated statutory right to take leave (NCL) to be with their baby from day one of their employment, in addition to their existing leave entitlements (such as maternity and paternity leave). An employee is entitled to one week of NCL for each qualifying week their child spends receiving neonatal care, up to a maximum of 12 weeks.

In addition, employees with at least 26 weeks’ service ending with the 14th week before the expected week of childbirth will be entitled to receive statutory Neonatal Care Pay (NCP). NCP is also payable in adoption and surrogacy cases.

However, the rules around the taking of NCL and qualification for NCP are not straightforward and complex situations can arise, including where babies are transferred between neonatal care facilities, babies receiving neonatal care at home and where a baby is re-admitted for further neonatal care.

Helpfully, the Government has now published new technical guidance for employers, which includes examples and covers:

1. The criteria to qualify for NCL and NCP
2. The notice and information requirements that must be met by the employee
3. The accrual and taking of NCL and NCP
4. How to calculate the relevant week and average earnings
5. Information required to be provided to HMRC
6. Guidance on some of the more complex scenarios as mentioned above; and
7. Sources of support for employees

Employers might also find it useful to refer to the Acas guidance on Neonatal Care Leave and Pay, published in April 2025.

If you haven’t already, it is important to have a policy in place covering the Neonatal Care scheme and to provide training to line managers on its effect.

If you have queries or questions in relation to the Neonatal Care Act and its day-to-day application, please do not hesitate to contact a member of the AfterAthena team (part of the Napthens Group) who are able to offer 30 minutes of free advice to QCS members.