The Government recently announced that working families with babies in neonatal care will be entitled to additional time off as a day one right. They may also qualify for Statutory Neonatal Care Pay, depending on their eligibility. The law introducing this change is the Neonatal Care (Leave and Pay) Act 2023 and came into effect on 6th April 2025.
What is neonatal care?
The word "neonatal" refers to newborns or the first 28 days of life. The prefix "Neo" comes from Greek, meaning "new" or "young," while "Natal" is derived from Latin and relates to "birth" or "to be born".
Neonatal care is the name given to care for newborn babies which starts in the first 28 days after birth. It is a specialist type of care a baby receives in a newborn area of the hospital called a neonatal unit.
In contrast, a postnatal (after birth) ward is an area that, while capable of also providing special care for babies, is primarily focused on offering general care to mothers and their babies for the first 8 weeks after birth.
The neonatal unit is equipped to care for babies who:
- are born early
- are ill or injured when they are born
- have a low birth weight
- the delivery was difficult
Neonatal Care Leave
The government have confirmed that the following criteria must be met in order for parents to be entitled to Neonatal Care Pay and Leave:
- your baby was born on or after 6 April 2025
- your baby spends 7 days or more in a row in neonatal care
- you’re the baby’s parent or partner of the baby’s mother, and have caring responsibility for the baby
- you’re taking the leave to care for the baby
You must also meet the eligibility criteria as an employee.
For more information about eligibility, please visit gov.uk Neonatal Care Pay and Leave: Check if you're eligible - GOV.UK and/or ACAS: What the law says - Neonatal care leave and pay - Acas.
The introduction of the Neonatal Care (Leave and Pay) Act 2023 is a much-needed step forward in supporting parents during a challenging and emotionally demanding period.
Trainee Solicitor, Yusuf Takoliya observes: “It's encouraging to see that the government's enhancement of employment rights includes a commitment to support parents of children in neonatal care. The support will be a relief to parents, ensuring that their ability to financially support themselves and their families will not be compromised, and allow them to focus on their child's recovery and well-being during this critical period.”.
MDS is a specialist medical negligence law firm. We specialise in claims involving cancer, maternity, and cauda equina syndrome. Our expert solicitors represent clients all around England and Wales, and we are dedicated to helping people who have been injured by medical negligence.
Our solicitors have extensive experience of representing clients and their families whose lives have been affected by an injury to baby. Click here to read more about how we can help you, and here to read one of our client’s stories.
If you are concerned about any care that you or a member of your family has received, please contact our experienced team on 0116 254 7456 or email: enquiries@moosaduke.com. You can also enquire online by clicking here.
