My baby was in neonatal care — what extra time off can I get?
A week for every week a newborn spends in hospital care, up to twelve, on top of everything else — but taken after your other leave ends, months later, and not available at all in Northern Ireland.
- Difficulty
- intermediate
- Time
- 12 min
- Read
- 4 min
Short answer
Where a baby born on or after 6 April 2025 goes into neonatal care within 28 days of birth and stays for at least seven continuous days, each parent gets one week of neonatal care leave for each further continuous week of care, up to twelve weeks. The leave is a day-one right in England, Wales and Scotland; the pay needs 26 weeks' service and earnings at or above the lower earnings limit. It must all be taken within 68 weeks of the birth.
This right exists because the previous system quietly punished the families with the hardest start: maternity and paternity leave were being spent sitting beside an incubator, and the parent went back to work having had no time at home with the baby at all. Neonatal care leave is additional to everything else. The practical catch is that you cannot be on two kinds of leave at once, so in most families the mother takes it at the end of maternity leave — months after the neonatal care itself.
Step by step
- Check the baby's date of birth.The right applies where the child was born on or after 6 April 2025. Earlier births are not covered, however long the neonatal stay was.
- Check the care qualifies.The baby must have started receiving neonatal care within 28 days of birth, and the care must have continued for at least seven continuous days. Neonatal care includes medical care in hospital and some care in other settings — check the definition on GOV.UK against your circumstances.
- Work out the amount.One week of leave for each continuous week of care beyond the first seven days, up to a maximum of twelve weeks. Each parent has their own entitlement; it is not shared.
- Check who qualifies.The leave is a day-one right for employees who are the child's parent or the parent's partner with responsibility for the child. Neonatal Care Pay needs 26 weeks' continuous service and average earnings at or above the lower earnings limit.
- Understand tier one notice — during and just after the care.Leave taken while the baby is still receiving care, or in the week after it ends, is taken in weekly blocks which need not be continuous. Notice can be given verbally and as soon as reasonably practicable, and must be repeated for each further week.
- Understand tier two notice — later.Leave taken more than a week after the care ends must be one continuous block, notified in writing: at least 15 days for one week, and 28 days for two or more.
- Fit it around your other leave.You cannot take two kinds of statutory leave at the same time. In practice a mother on maternity leave takes neonatal care leave when the maternity leave ends. A partner can take tier-one weeks between blocks of paternity leave.
- Use it within 68 weeks of the birth.That is the outer limit for taking all of it. Diarise the date, because for a mother adding twelve weeks to the end of 52 weeks of maternity leave it can be closer than it looks.
- Northern Ireland: this right is not available.Neonatal care leave and pay apply in England, Wales and Scotland only. Northern Ireland has it as a proposal rather than as law. Check nidirect for the current position before relying on it.
Tips
- Write down the exact dates the neonatal care started and ended while you are in hospital. The entitlement is counted in continuous weeks and the dates matter later.
- Tell your employer early even if you will take the leave months later, so payroll can plan.
- Bliss and other neonatal charities have practical guidance on employment rights written for parents rather than for HR.
Common mistakes
- Assuming it can be taken at the same time as maternity leave — Two kinds of statutory leave cannot run concurrently, so it almost always lands at the end of maternity leave rather than during the hospital stay.
- Giving verbal notice for a later block — Verbal notice works only for tier one. Anything more than a week after the care ends needs written notice, 15 or 28 days ahead.
If it doesn't work
Payroll says it does not exist
Cause: The right is recent and small employers frequently have no policy — Fix: Send them the GOV.UK employer guidance on neonatal care leave and pay and your written declaration. Contact Acas if it is still refused.
You have been told it must be taken while the baby is in hospital
Cause: Confusing tier one with the whole entitlement — Fix: Tier two exists precisely so that leave can be taken later, in one block, with 15 or 28 days' written notice. Point them to the GOV.UK page.
The 68-week window is running out
Cause: A long maternity leave followed by a long neonatal entitlement — Fix: Give the tier-two written notice early and get the dates agreed in writing. Untaken leave is lost at 68 weeks from the birth.
Questions people ask
Is it on top of maternity or paternity leave, or part of it?
On top. It is a separate entitlement of up to twelve weeks and it does not reduce maternity, paternity, adoption or shared parental leave.
Do I get redundancy protection for it?
The extended redundancy protection for new parents can apply, but for neonatal care leave it depends on having taken at least six continuous weeks. Check the position with Acas before relying on it.
What evidence does my employer need?
You give a written declaration of the child's details, the dates of the neonatal care and your relationship to the child. Employers should not be asking for medical records; ask Acas if one insists.
What if the baby dies?
Neonatal care leave entitlement is not lost if the child dies, and Parental Bereavement Leave is a separate right of two weeks. Speak to your employer, and to Acas, and take the time you need.