From 6 April 2025, employees will benefit from a new statutory entitlement to paid leave, of up to 12 weeks, in circumstances where their child requires specialist neonatal care in the first 28 days following birth.  We set out a brief overview below.

Statutory Neonatal Care Leave

  • Who will be eligible for SNCL?

The entitlement to Neonatal Care Leave (“SNCL”) will be a day-one right for all employees.  It will apply in respect of children born on or after 6 April 2025.

“Neonatal care” is defined in statute as being medical care received in a hospital, medical care received in other healthcare settings, and/or palliative or end of life care.

The neonatal care must begin within 28 days of the child’s birth, and last for a continuous period of at least 7 days, to qualify for SNCL. 

  • What is the leave entitlement?

Entitlement will be to one week of SNCL for each week a child spends in neonatal care, up to a maximum of 12 weeks. 

Leave must be taken in one-week blocks, either consecutively or intermittently.

Employees will have to comply with specific statutory notice requirements when taking leave.

  • What effect will taking leave have on the employee’s role?

Employees will be protected from being subjected to any detriment or dismissal relating to SNCL.

On returning to work from SNCL, employees will have the right to return to the same role (or, in certain circumstances, to return to a suitable and appropriate alternative role).

Where a redundancy situation arises, employees who are taking, or have recently returned to work from, SNCL will be entitled to be offered suitable alternative employment on redundancy in priority to other employees.

  • How will SNCL tie in with other kinds of family leave?

SNCL may be taken in addition to other types of statutory family leave (like maternity, paternity, adoption, shared parental and parental bereavement), but it must be taken within the first 68 weeks of a child’s birth.

Where a child is adopted, the adoptive parents may be entitled to take SNCL, but only after placement.

Statutory Neonatal Pay

  • Who will be eligible for SNP?

Where an employee is entitled to take SNCL, they may also be entitled to Statutory Neonatal Pay (“SNP”) for any periods of leave.

However, in order to qualify for SNP, an employee will have to have at least 26 weeks’ continuous service with their employer.  (There is no such service requirement for SNCL.)

They will also have to have received normal weekly earnings of no less than the “lower earnings limit” for the 8 weeks prior.

Employees will have to comply with specific statutory notice requirements in order to receive pay.

  • When and how long will SNP be payable for?

SNP may be paid for up to 12 weeks where an employee takes SNCL, subject to a number of conditions, including:

  • The neonatal care must begin within 28 days of the child’s birth, and last for a continuous period of at least 7 days.
  • SNP is only payable within the first 68 weeks after the child’s birth.

SNP will be payable in addition to any other statutory family leave pay (like maternity, paternity, shared parental and adoption).  However, it will not be payable during any period in which the employee is entitled to receive Statutory Sick Pay.

  • How much will SNP be?

SNP will be payable at the statutory rate, which will be set by the government and usually increased each year in line with inflation.

The prescribed statutory rate from 6 April 2025 to 5 April 2026 will be £187.18 per week.

If your organisation needs further advice on the new statutory Neonatal Care Leave and Pay scheme, please get in touch and our team of experienced employment lawyers would be happy to help.

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The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.