I wonder how to support staff through neonatal leave

As of April 2025, working parents gained the right to take neonatal care leave if their child received neonatal care for an uninterrupted period of 7 days within 28 days of birth. For employers, understanding neonatal care leave is essential to ensuring legal compliance while providing meaningful support to affected employees. This article explains what neonatal care leave is, who is eligible and the steps employers can take to support employees before, during and after a period of neonatal care leave.

What are the types of neonatal care leave?

There are two types of neonatal care leave, which differ depending on when the leave is taken:

• Tier 1 leave applies while the child is receiving neonatal care and includes the one-week period immediately following the end of that care. Tier 1 leave is intended to allow parents to be present during the most critical phase of their child’s treatment and immediate recovery.
   
• Tier 2 leave applies to any neonatal care leave taken outside the Tier 1 period, provided it is taken before the end of 68 weeks from the date of the child’s birth. Tier 2 leave allows parents greater flexibility to take time off later, for example, to support ongoing care needs or attend follow-up appointments.

Employees may take a combination of Tier 1 and Tier 2 leave, subject to an overall maximum of 12 weeks’ neonatal care leave. Different notice requirements apply to each tier, with shorter notice periods for Tier 1 leave to reflect the urgent and often unpredictable nature of neonatal care.

Legal responsibilities for employers

Employers must ensure that employees are not subjected to any detriment for taking, or seeking to take, neonatal care leave, in accordance with section 47C of the Employment Rights Act 1996.

During a period of neonatal care leave, employees are entitled to all contractual terms and conditions of employment that would have applied had they not been absent, except for remuneration. This includes both contractual and discretionary benefits, such as life insurance, private medical cover, and gym membership, provided the employee was entitled to them prior to taking leave. Employers are not required to pay their full wages, overtime, or attendance-related allowances during neonatal care leave. However, employees are entitled to statutory neonatal care pay, either £187.18 per week or 90% of their average weekly earnings, whichever is lower.

What can I do to support employees on neonatal care leave?

Here are some things employers can do to support employees on neonatal care leave:

• Have clear policies: A neonatal care leave policy provides clear information on entitlements and how leave can be taken.
   
• Offer a point of contact: Providing employees with one-on-one support will help them manage the difficulties of neonatal care.
   
• Promote access to wellbeing support: Point employees to any employee assistance programmes you have or to online counselling they may need.
   
• Implement alternative working arrangements: Recognise that even after employees return to work, they may still be attending medical appointments or have childcare responsibilities. Offering an alternative working arrangement will help the employee in managing this.
   
• Ensure protection against detriment: Reassure the employee that they will not be subject to any mistreatment from their neonatal care leave.

Taking these steps can help create a supportive and compassionate workplace culture, ensuring employees feel valued and able to focus on their family during an exceptionally challenging period.

Summary

Neonatal care leave represents an important step in recognising the challenges parents face during an exceptionally difficult time. For employers, meeting the legal requirements is only the starting point. By adopting clear policies, maintaining open and compassionate communication and offering practical flexibility, employers can provide meaningful support that goes beyond compliance. A thoughtful approach to neonatal care leave not only helps employees focus on their child’s wellbeing but also reinforces a positive workplace culture built on trust, empathy and long-term commitment to employee wellbeing.

Further Advice

If you have any queries on neonatal care leave or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also assist in drafting relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.

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