Eligible UK parents have a day-one right to up to 12 weeks of neonatal care leave when their baby is admitted to neonatal care within 28 days of birth and stays in care for at least 7 consecutive days. From 6 April 2026 statutory neonatal care pay is £194.32 per week (or 90% of average weekly earnings if lower) for those with 26 weeks' service. The right is in addition to maternity, paternity, adoption and shared parental leave.
What neonatal care leave is
Neonatal care leave (NCL) and statutory neonatal care pay (SNCP) are statutory employment rights created by the Neonatal Care (Leave and Pay) Act 2023. They came into force on 6 April 2025, alongside two pieces of secondary legislation · the Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 and the Statutory Neonatal Care Pay (General) Regulations 2025 · which set out the operational detail. The rights apply in England, Scotland and Wales; Northern Ireland has its own legislative track.
The policy intent is straightforward: parents whose babies need neonatal care during their first weeks of life shouldn't have to use up their maternity, paternity, adoption or shared parental leave to be at the hospital. Neonatal care leave sits on top of those existing entitlements, rather than carving into them.
Three things make this right different from the rest of the family leave package:
When the right is triggered
Neonatal care leave is triggered when a baby starts receiving neonatal care within the first 28 days of life and continues in care, without interruption, for at least 7 consecutive days. The day of birth is not counted; the 7-day clock runs from the day after the day care starts.
The Regulations define neonatal care broadly. It is not limited to a specialist neonatal unit. ACAS guidance and the August 2025 employer technical guide published by the Department for Business and Trade confirm that any of the following count:
Care delivered in any hospital setting, whether on a dedicated neonatal unit, in a children's ward, or in another inpatient setting.
Where care continues after the baby leaves hospital but is under the direction of a consultant and includes ongoing monitoring and visits by healthcare professionals. Home oxygen, NG tube feeding programmes and consultant-led community follow-up can all qualify.
Where the baby is receiving palliative care, whether in hospital, hospice or at home, the leave right is triggered without needing to wait the full 7 days.
Eligibility for the leave
The leave right is a day-one entitlement. There is no minimum length of service · a brand-new employee whose baby is admitted to neonatal care in their first week is entitled to take it. ACAS confirms this on its main neonatal care leave page.
To qualify the employee must have, or expect to have, responsibility for the child's upbringing. The right is not limited to biological parents · it covers:
- The baby's biological mother and father
- The baby's adoptive parents (including overseas adopters)
- Prospective adopters with a placement
- The partner of the baby's mother, adopter or prospective adopter, where the partner lives with them in an enduring family relationship and is not related to them by blood
- Intended parents in a surrogacy arrangement who apply or intend to apply for a parental order
The eligibility framework deliberately mirrors the structure used for paternity leave · so if you've recently updated your paternity leave policy, much of the same eligibility logic applies.
Eligibility for the pay
SNCP is more conditional than the leave. To qualify for pay the employee must have:
By the end of the relevant qualifying week. The qualifying week varies depending on what other family leave the employee is taking · 15 weeks before the expected week of childbirth for biological parents, the matching-week for adopters, and the week before neonatal care starts for late entrants.
From 6 April 2026 the threshold is £129 per week. From 6 April 2025 to 5 April 2026 it was £125 per week. Calculated over the 8-week reference period before the qualifying week (or the equivalent period if paid monthly).
The employee must still be employed by the same employer in the week before they take the neonatal care leave or claim the pay.
An employee who meets the leave eligibility but not the pay eligibility (for example, with less than 26 weeks of service) can still take the leave · it just won't be paid by the employer. They may be entitled to other state benefits during that period, but that's a benefits matter, not an employer matter.
How much leave and pay
The structural rule is straightforward: 1 week of leave for every 7 consecutive days the baby is in neonatal care, up to a maximum of 12 weeks. The maximum applies even where the baby is in care for longer.
Statutory pay rates
SNCP rates have changed once already, on the routine April uprating:
| Period | SNCP weekly rate | Lower earnings limit | Source |
|---|---|---|---|
| 6 April 2025 · 5 April 2026 | £187.18 a week or 90% of AWE if lower | £125 / week | Original SNCP regulations |
| From 6 April 2026 | £194.32 a week or 90% of AWE if lower | £129 / week | HMRC rates and thresholds 2026/27 |
SNCP is taxable and subject to National Insurance, like other family leave statutory pay. Employers can reclaim a percentage of SNCP from HMRC under the Statutory Payments Recovery scheme · 92% for most employers, 109% for small employers (where total Class 1 NI for the previous tax year is £45,000 or less).
Worked example
Tier 1 and tier 2 · timing and blocks
This is the part of the rules that catches employers out most often. The Regulations split neonatal care leave into two periods · tier 1 and tier 2 · with different rules for each.
Tier 1
- While the baby is in neonatal care, plus the first week after care ends
- Can be taken in non-continuous blocks of at least 1 week at a time
- Notice can be given before the start of work on day 1, or as soon as reasonably practicable
- Notice does not have to be in writing
Tier 2
- More than one week after the baby leaves neonatal care
- Must be taken in one continuous block
- Written notice required: 15 days for 1 week, 28 days for 2+ weeks
- Runs before or after other parental leave already booked, never alongside
One immediate consequence: if a parent is on statutory maternity or adoption leave when neonatal care starts (which is common, since maternity leave begins automatically on the day of birth or up to 11 weeks before), they cannot interrupt that leave to take tier 1 neonatal care leave. Maternity leave, once started, cannot be paused. They take their neonatal care entitlement at the end of their maternity leave, in tier 2 mode.
Paternity leave and shared parental leave can be interrupted to take tier 1 neonatal care leave, with the remaining paternity or SPL tagged on to the end. This matters because partners often want to be at the hospital during the most critical period, and the structure allows for that.
Notice rules
Notice is the most documented and most date-sensitive part of the regime. The Regulations spell out the rules in detail; here are the practical points:
| Scenario | Notice required | Form |
|---|---|---|
| Tier 1 · first day of leave | Before due to start work, or as soon as reasonably practicable | Any (verbal, text, email) |
| Tier 1 · subsequent week's leave | Before the next week starts (or asap if not possible) | Any |
| Tier 2 · 1 week of leave | At least 15 days before the first day of leave | Written |
| Tier 2 · 2 or more weeks of leave | At least 28 days before the first day | Written |
Notice requirements can be waived by mutual agreement. A flexible employer might confirm in writing that they accept shorter notice when the family situation makes the statutory window unreasonable to comply with · and the August 2025 employer technical guide explicitly contemplates that.
The notice for SNCP follows the same windows as the leave it relates to.
Interaction with maternity, paternity and SPL
Neonatal care leave is additional to all other statutory family leave. It does not replace any of it. The headline rules:
- Neonatal care leave runs in addition to statutory maternity leave (52 weeks).
- It runs in addition to paternity leave (now a day-one right after April 2026).
- It runs in addition to adoption leave (52 weeks SAL).
- It runs in addition to shared parental leave.
- It runs in addition to unpaid parental leave (18 weeks per child).
The combined leave must be taken within 68 weeks of the baby's date of birth. Anything not taken by the end of that 68-week window is lost · which is why most employers map out the leave plan well in advance with the employee, particularly where the baby's care has been long.
Employment rights · the right to pay rises, holiday accrual, the right to return to the same job · are protected throughout neonatal care leave, in line with other family leave. Annual leave continues to accrue while an employee is on neonatal care leave, just as it does on maternity leave.
A sample policy
Most neonatal care leave policies cover eight things. Here's an outline you can adapt:
Confirm that eligible employees are entitled to up to 12 weeks of neonatal care leave under the Neonatal Care (Leave and Pay) Act 2023, with statutory neonatal care pay where the additional pay eligibility criteria are met.
Set out who qualifies: any employee with parental responsibility for a baby admitted to neonatal care within 28 days of birth and in care for at least 7 consecutive days. Note that the leave is a day-one right and the pay requires 26 weeks' service plus the lower earnings limit.
State that leave is granted at 1 week per 7 consecutive days the baby spends in care, up to 12 weeks, taken within 68 weeks of birth.
Confirm whether the company offers enhanced neonatal care pay (for example, full pay topped up from SNCP) or pays at the statutory rate only. Reference the prevailing SNCP rate (currently £194.32 from 6 April 2026).
Explain the difference · tier 1 during care plus first week after, taken in non-continuous weekly blocks; tier 2 later, in a single continuous block. Make clear that tier 2 must be taken before or after, not during, other booked statutory leave.
Set out the statutory notice windows but state that the company will accept shorter notice in genuinely difficult family circumstances by mutual agreement.
Confirm that neonatal care leave is in addition to maternity, paternity, adoption and shared parental leave, and that the 68-week window applies to the combined arrangement. Confirm that annual leave continues to accrue.
Tell the employee who to notify (line manager and HR), what evidence to provide (the baby's birth and admission information, plus the consultant letter for post-discharge care), and how SNCP will be processed in payroll.
Sources
| Source | What it covers |
|---|---|
| Neonatal Care (Leave and Pay) Act 2023 | The primary statute creating the right to neonatal care leave and pay |
| Statutory Neonatal Care Pay (General) Regulations 2025 | Detailed rules on entitlement, qualifying weeks, multi-birth scenarios, and special cases (death, disrupted adoption, parental orders) |
| GOV.UK · Statutory Neonatal Care Pay and Leave: employer guide | Overview for employers including weeks, eligibility, employee rights and the link to the SNCP calculator |
| DBT · Neonatal Care Leave and Pay Employers' Technical Guide (August 2025) | The most detailed government guidance for employers, with worked examples, complex multi-birth scenarios and interaction with other leave |
| ACAS · Neonatal care leave and pay | Plain English guidance on tier 1 vs tier 2, examples and notice requirements |
| GOV.UK · Rates and thresholds for employers 2026 to 2027 | Confirms the £194.32 SNCP rate and £129 lower earnings limit from April 2026 |
Frequently asked questions
What is neonatal care leave in the UK?
Neonatal care leave is a statutory employment right under the Neonatal Care (Leave and Pay) Act 2023, in force since 6 April 2025 in England, Scotland and Wales. Eligible parents can take up to 12 weeks of leave when their baby is admitted to neonatal care within 28 days of birth and stays in care for at least 7 consecutive days. Leave is a day-one right and is in addition to maternity, paternity, adoption and shared parental leave.
How much is statutory neonatal care pay in 2026?
From 6 April 2026 statutory neonatal care pay (SNCP) is £194.32 a week or 90% of the employee's average weekly earnings, whichever is lower. From 6 April 2025 to 5 April 2026 the rate was £187.18 a week. To qualify for SNCP an employee must have at least 26 weeks' continuous service and average weekly earnings at or above the lower earnings limit (£129 from April 2026, £125 in 2025/26).
When does a baby qualify as being in neonatal care?
Under the Neonatal Care Leave and Miscellaneous Amendments Regulations 2025, neonatal care covers three situations: medical care received in hospital; medical care received elsewhere following discharge from hospital, under the direction of a consultant and including ongoing monitoring and visits by healthcare professionals; and palliative or end-of-life care. The baby must start receiving care within the first 28 days of life and be in care for at least 7 consecutive days.
What is the difference between tier 1 and tier 2 neonatal care leave?
Tier 1 leave is taken while the baby is still in neonatal care or in the first week after care ends. It can be taken in non-continuous blocks of at least one week at a time. Tier 2 leave is taken later than the first week after the baby leaves neonatal care and must be taken in a single continuous block. Tier 2 leave runs before or after other booked statutory parental leave, never alongside it.
How much notice does an employee need to give for neonatal care leave?
For tier 1 leave, notice must be given before the employee is due to start work on the first day of absence, or as soon as reasonably practicable. Tier 1 notice does not have to be in writing. For tier 2 leave the rules are stricter: at least 15 days' written notice for a single week of leave, or at least 28 days' written notice for two or more weeks. Both employer and employee can mutually agree to waive any of these notice requirements.
Do parents still get full maternity, paternity and shared parental leave?
Yes. Neonatal care leave is a separate, additional entitlement and does not reduce any other family leave. Parents can stack neonatal care leave on top of maternity, paternity, adoption or shared parental leave. The combined leave must be taken within 68 weeks of the baby's date of birth, after which any unused neonatal care leave is lost.