Please note that this guidance only applies to babies born on or after 6 April 2025

From 6 April 2025, neonatal care leave and pay entitlements are available to eligible parents who find themselves in the difficult position of having a baby who requires specialist care after birth in a hospital or other care setting.

Having a baby who requires neonatal care can be a distressing and upsetting time and you might have a number of questions as you try to deal with the demands of work at the same time as focusing on your baby.

The introduction of neonatal care and pay provides eligible parents with the right to extend their parental leave by one week for every full week that their baby is receiving hospital care, up to a maximum of 12 weeks.

This applies in situations where your baby is admitted for neonatal care [1] within 28 days of birth, counting from the day after the baby is born, and the treatment goes on for a continuous period of seven days or more, beginning on the day after neonatal care starts.

This is in addition to other leave entitlements such as maternity, paternity, adoption and shared parental leave, and, as such, allows you to spend dedicated time with your baby whilst they are receiving medical care.

NASUWT is committed to supporting you as a member. This guidance has been developed to provide you with the essential information you need about your rights at work during this time.

Eligibility for neonatal care leave and neonatal care pay

Neonatal care leave is a day-one right available to you provided you meet the following criteria:

• you have a baby (or babies) born on or after 6 April who spends seven continuous days receiving neonatal care that starts within 28 days of their birth, whether you are the mother or birthing parent, father or other non-birthing parent (e.g. non-birthing mother), spouse, civil partner, adoptive parent (including fostering to adopt) or intended parents in a surrogacy;

• you live in England, Wales or Scotland; [2] and

• you have a contract of employment.

It is important to note that each eligible parent is therefore entitled to a separate amount of leave, including if you work for the same employer.

Neonatal care pay is available if you satisfy all of the criteria above, as well as:

• you have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’); and

• you earn at least the Lower Earning Limit on average for National Insurance purposes over at least 8 weeks ending with the ‘relevant week’.

If you meet these eligibility criteria, then you should expect to be paid at a statutory flat rate of £187.18 per week (as of 2025/26) or 90% of average weekly earnings, whichever is lower, for a maximum of 12 weeks, payable within the first 68 weeks of the child’s birth.

It is important that you check your contract of employment and request a copy of the neonatal care leave policy from your employer, as many schools/colleges offer enhanced provisions in regards to neonatal care leave and pay.

If you do not meet these eligibility criteria, then you are still entitled to take neonatal care leave.

The first seven days

Unfortunately, you are not eligible for neonatal care leave and neonatal care pay for the first seven days that your baby receives neonatal care or if your baby does receive neonatal care, but it is lasts for less than seven consecutive days.

NASUWT believes that schools and colleges should ensure that neonatal care leave policies account for such circumstances and afford some level of paid leave to accommodate such situations.

If there’s a death soon after birth

In the extremely unfortunate and sad situation where a baby dies, you still might be eligible to take neonatal care leave if you baby was in neonatal care for seven consecutive days or more and you have provided notice to take neonatal care leave.

Any neonatal care leave can begin the day after the baby dies, though any other scheduled leave (e.g. maternity, adoption or paternity leave) would have to be taken first.

You may also be eligible for parental bereavement leave, which can be taken after you have finished your neonatal care leave.

At such an upsetting and distressing time, it might be difficult for you to inform your school/college. As such, your school/college should be sympathetic and understanding of your situation, including allowing someone else to inform them, such as a family member or friend.

Length of neonatal leave

The amount of neonatal care leave that you are entitled to depends on the length of time that your baby receives neonatal care, capped at a maximum of 12 weeks. For example, you will be eligible for one week’s neonatal leave for each qualifying period of seven days that that your baby receives uninterrupted neonatal care.

It is important to note that the first qualifying period of seven days begins the day after your baby first receives neonatal care, i.e. days 2-8 of neonatal care. As neonatal care leave can only be taken from the day after the first qualifying period, this means that the earliest you are able to start neonatal leave is day nine.

Any leave that you have accrued must be taken within the first 68 weeks of the birth of your baby (or placement in respect of adoption).

As it is likely that you will already be on some form of family leave whilst your baby is receiving neonatal care, any entitlement to neonatal leave can be taken after the neonatal care has ended and at the end of your maternity/shared parental leave or adoption leave.

It is important to note that you are not able to take two types of family leave at the same time. As such, any week of neonatal care is usually compensated for by tacking it on to the end of any family leave you are already taking and allowing it to be taken in arrears.

Nevertheless, there could be a situation where an individual has to take their neonatal leave whilst their baby is still receiving neonatal care, such as when a partner’s paternity leave has expired whilst their baby is receiving care.

Twins or other multiple births

Unfortunately, you are unable to claim neonatal care leave for more than one baby if you are a parent of twins or other multiple births that are receiving neonatal care at the same time. For example, if you had twins who both required neonatal care for five weeks, then you would only be entitled to five weeks’ leave.

However, you are able to accrue neonatal care leave for more than one child if they receive neonatal care at different times, capped at a maximum of 12 weeks.

Tier 1 and Tier 2 periods of neonatal care leave

Due to the need to provide flexibility in regard to when neonatal care leave can be taken, a distinction is made between when the leave is taken, These are referred to as Tier 1 or Tier 2 periods of neonatal care leave.

• Tier 1 refers to the period whilst your baby is still receiving care and up to a week following your baby being discharged after the care has ended. This can be taken in non-continuous blocks of a minimum of one week at a time.

• Tier 2 refers to all other neonatal leave outside Tier 1 that is taken before the end of 68 weeks from the date of the child’s birth. This must be taken in one continuous block of neonatal care leave.

For example, if your baby received neonatal care for four weeks following their birth, then you could take two weeks of neonatal care leave straight after your two weeks of paternity leave has come to an end, with a further two weeks accrued for you to take at a later date within first 68 weeks of the birth of your baby (or placement in respect of adoption).

Notifying your employer

The notice period differs depending on the type of leave you intend to take, e.g. Tier 1 or Tier 2 periods of neonatal care leave, and whether or not you are eligible and intend to take neonatal care leave and neonatal care pay.

Tier 1 period of neonatal care leave

If you wish to take Tier 1 leave (taken when your baby is still receiving care), then you must give notice to your employer before you are due to start work on the first day of leave (this would be after your baby has already had seven consecutive days of neonatal care), unless it is not reasonably practicable. If this is the case, you should give as much notice as soon as it is reasonably practicable.

For example, if your baby starts receiving neonatal care on 7 April, then you would be expected to inform your employer before your first day of leave, which would be on 15 April.

Whilst notice during a Tier 1 period does not have to be in writing, it might be useful for you to send something to your employer so that you also have a record detailing the situation and the fact that you are taking neonatal care leave (see below).

Tier 1 period of neonatal care leave and neonatal care pay

If you wish to take Tier 1 leave and pay, then you must give notice to your employer within 28 days starting with the first day of the period the neonatal care pay is being claimed for.

As such, you may not have to give notice for pay at the same time as you take your neonatal care leave, which can be beneficial if you are not sure how long any neonatal care will be provided for.

Alternatively, you and your partner could decide to take neonatal care leave and neonatal care pay at the same time.

For example, if your baby starts receiving neonatal care on 7 April, then the first day of the week for which you can claim neonatal care pay would be 15 April. To receive this, you would have had to give notice for pay to your school/college before 13 May.

Tier 2 period of neonatal care leave

If you wish to take Tier 2 leave and intend to only take 1 week off, then you would need to inform your employer at least 15 days before the start date of the first day of the neonatal care leave you wish to take (this would be after the baby has already received seven consecutive days of neonatal care).

However, if you wish to take Tier 2 leave and intend to take two or more weeks leave, then you must tell your employer 28 days before the neonatal care leave starts.

Tier 2 leave must be taken as consecutive weeks, meaning that any leave you take must be taken in one continuous block.

Tier 2 period of neonatal care leave and neonatal care pay

If you wish to take Tier 2 leave and pay, then the notice you need to provide for a single week of neonatal care leave and neonatal care pay is the same as the notice requirements for Tier 2 neonatal care leave outlined above.

For a period of two or more weeks of Tier 2 leave and pay, then the notice that you are required to provide is the same as the notice requirements for Tier 2 neonatal care leave outlined above.

You must give notice of Tier 2 leave in writing (see below), although your school or college may permit you to give notice without putting it in writing, or they may waive any notice requirements. As such, you should your check the provisions of your neonatal leave policy carefully.

It is important that you check your contract of employment and request a copy of the neonatal leave policy from your employer, as schools/colleges may offer enhanced provisions in regards to neonatal care pay.

What you should tell your school/college

If you wish to take neonatal care leave and neonatal care pay, you must notify your employer in writing stating:

• your name;

• your baby’s date of birth (or date of placement/entry to Great Britain if adopting);

• the start date or dates of neonatal care;

• the date neonatal care ended (if applicable);

• the date on which you would like to take the leave;

• the number of weeks of neonatal care leave the notice is being given for;

• confirmation that the leave is being taken to care for the baby; and

• confirmation that you are eligible to take the leave due to your relationship with the baby.

This should be done no later than 15 weeks before the expected week of childbirth.

Given the fact that this can be an extremely stressful and upsetting time, particularly during the first few weeks, NASUWT maintains that schools and colleges should be flexible about how and when you can give notice, e.g. allowing someone else to tell the school/college, such as a family member.

Cancelling or withdrawing your notice to take neonatal care leave

You can withdraw your notice to take neonatal care leave (and pay) if it is more than a week since your baby left neonatal care.

In these circumstances, you would be cancelling or withdrawing Tier 2 notice to take leave. As such, you would be expected to provide notice at least 15 days before the leave was due to start if you are cancelling one week of neonatal leave, whereas you would need to provide notice at least 28 days before the leave was due to start if you are looking to cancel two or more weeks of neonatal leave.

It is recommended that you notify your employer in writing in order to retain a record, although your school or college may waive any notice requirements. As such, you should your check the provisions of your neonatal leave policy carefully.

In Scotland, you should refer to the Scottish Negotiating Committee for Teachers (SNCT) Handbook if you are employed by the local authority.

Neonatal care leave and adoption

If you are adopting, then you and your partner will have to make a decision as to who is the ‘main adopter’ and who is the ‘secondary adopter’. Alternatively, you may be a ‘single adopter’.

Irrespective of this, both of you are eligible for neonatal care leave (and pay) if you have a baby who has been placed with you and receives seven consecutive days or more of neonatal care after the adoption placement date.

This must be taken within the first 68 weeks of the date that your baby was placed with you.

Overseas adoptions 

If you are adopting a baby from overseas, then you will need to ensure that any neonatal leave is taken within the first 68 weeks of the date that your baby enters Great Britain.

Adopting more than 1 child

Unfortunately, you are unable to claim neonatal care leave if you adopt more than one baby in the same placement who requires neonatal care, e.g. twins taken into neonatal care at the same time.

However, you are able to accrue neonatal care leave for more than child if you have multiple but separate adoption placements, capped at a maximum of 12 weeks.

It is important that you check your contract of employment and request a copy of the neonatal leave policy from your employer, as schools/colleges may offer enhanced provisions in regards to neonatal care pay.

It is important to note that all other relevant aspects of neonatal care leave and neonatal care pay as detailed above apply in the case of adoption.

Neonatal care leave and surrogacy

If you are intending to have a baby through surrogacy, then you may be eligible for neonatal care leave provided you have applied for a ‘parental order’ or intend to apply for a parenting order which transfers parental rights within six months of the birth of the baby.

Both you and your partner are eligible for neonatal care leave (and pay) from the first seven consecutive days or more of neonatal care after the date of birth.

If you are having a baby through a surrogacy arrangement, you and your partner will need to ensure that any neonatal leave is taken within the first 68 weeks of the date of birth of your baby.

It is important to note that all other relevant aspects of neonatal care leave and neonatal care pay as detailed above apply in the case of surrogacy.

Keeping in touch

During your neonatal care leave, your employer may keep in touch and make reasonable contact with you to provide support during what is likely to be an upsetting and distressing time. However, given the circumstances, this should not be excessive or intrusive.

It may be the case that you give permission for your school/college to talk to a close friend, family member or trade union representative to provide an update, as and when appropriate.

Confidentiality

Your school/college should keep any information you share with them about your baby requiring neonatal leave confidential and only inform others if you agree for them to do so.

Your school/college should look to discuss this with you at a mutually convenient time and agree any communication to be shared with others at your school/college.

Other rights during paternity leave

During your neonatal care leave, your terms and conditions of employment are protected.

Your employer cannot change your terms and conditions of employment whilst you are on neonatal care leave without your agreement.

You also cannot be dismissed from employment or subject to unfair treatment because you have taken neonatal care leave or are planning to take neonatal care leave.

Protection from redundancy

Your job is protected and your role cannot be selected for redundancy because you have taken neonatal care leave or plan to take neonatal care leave.

If you have taken six consecutive weeks of neonatal care leave, then you receive additional protection from redundancy that applies for a period of 18 months from the following:

• the birth for birth parents and intended parents in a surrogacy;

• the day the child is placed for adoption; or

• the day the child enters Great Britain for overseas adoptions.

Returning to the same job

If you are planning to return to work after only taking neonatal care leave, then you have the right to return to the same job.

However, if you return to work after taking neonatal care leave with another type of family leave that exceeds a total of 26 weeks, then you have the right to return to a job that is not significantly different, but it may not be the same.

If your employer is proposing to make changes that could affect your employment, you should contact NASUWT immediately.

Further advice and guidance

For further advice and guidance, please contact NASUWT.

We can help with information and advice to support you throughout your neonatal care leave.

In addition, there are a number of specialist organisations that can offer help and support during this distressing and upsetting time, including:

• Bliss for support and information for parents with a baby in neonatal care, including information on bereavement support;

• Child Bereavement UK;

• Cruse Bereavement Support for advice on coping with a death;

• Hospice UK for help talking about dying, death and bereavement;

• Mind for mental health information and support;

• Sands for support following the death of a baby before, during or shortly after birth; and

• Sue Ryder for advice on coping with a death.

---

Footnotes
[1] There are three broad categories that count as neonatal care:

• any medical care received in hospital;
• medical care received elsewhere following discharge from an inpatient stay hospital. The care must be under the direction of a consultant and includes ongoing monitoring and visits to the child by healthcare professionals; or
• palliative or end-of-life care.

[2] The law on neonatal leave does not currently apply in Northern Ireland as the implementation of employment law is devolved to Northern Ireland, meaning the Neonatal Care (Leave and Pay) Act does not automatically apply there.