The UK Government has confirmed that new rights to statutory neonatal care leave (SNCL) and pay (SNCP) will come into effect from April 6, 2025. This gives employees who have a qualifying relationship with a child born on or after April 6, 2025 and who are receiving neonatal care an entitlement to take up to 12 weeks of SNCL and, subject to meeting additional eligibility criteria, SNCP (at the usual statutory rate for family leave).

The rules are particularly complex. This article is not exhaustive but gives a summary of the key points. Detailed guidance from the government for employers is expected before April 6, 2025.

What is a qualifying relationship?

A broad range of relationships are covered, including births, adoption (including overseas adoptions), and surrogacy arrangements.

The employee must be the:

• Child’s parent/intended parent;
• Partner of the child’s mother,
• Child’s adopter/prospective adopter; or
• Overseas adopter or partner of the overseas adopter.

In each case, the employee must have (or be expected to have) responsibility for the child’s upbringing or main responsibility for the child’s upbringing where the employee is the mother/adopter’s partner.

What qualifies as neonatal care?

The neonatal care must begin within 28 days of the child’s birth and must last for a continuous period of at least seven days starting from the day after the care begins.

“Neonatal care” is broad and covers:

• medical care received in hospital,
• medical care outside of hospital following inpatient treatment; and
• palliative or end of life care.

Leave

Up to 12 weeks of leave can accrue, based on the length of time the child is receiving neonatal care.

SNCL must be taken within 68 weeks of the child’s birth and must be used for the purpose of caring for the child.

Leave must be taken in periods of one week – this can be non-continuous periods or one single continuous period, depending on when in the 68-week period it is taken.

SCNL may be taken at the end of another period of statutory leave (for example an employee who accrues SNCL during maternity leave could choose to take SNCL at the end of their maternity leave).

Employees wishing to take SNCL must comply with notice requirements, which are complex and outside the scope of this update.

SNCP

Certain employees are also entitled to up to 12 weeks of SNCP, paid at the statutory rate for family leave (£187.18 per week from April 6, 2025).

SNCP is available to employees who qualify for SNCL and:

• have 26 weeks’ continuous service as of the end of the relevant week (what counts as the relevant week will depend on the circumstances, including whether it is a birth or adoption case);
• have average weekly earnings of at least £125; and
• remain employed at the end of the week immediately before the week for which SNCP is being claimed.

Rights during and after SNCL

Employees who take SNCL have similar rights to those taking other types of statutory family leave, including protection from detriment and dismissal, and rights to return to the same job (or in some circumstances to an alternative role that is suitable and appropriate).

Practical steps

While employees needing to take SNCL will likely be rare for most businesses, employers should ensure internal policies are updated and HR teams are aware of these new rights. 

*Devika Punjabi is a Paralegal with GQ | Littler.