On 6 April 2025, the Neonatal Care (Leave and Pay) Act 2023 came into force in England, Scotland and Wales.

This long-awaited act gives additional leave and pay for parents whose babies require neonatal care after birth. A baby might need neonatal care if they are born early, if they are ill or injured or if they have a low weight. Neonatal care includes medical care in hospital, care after leaving hospital and palliative or end of life care.

This is welcome news for many new parents, particularly for our clients who are dealing with the additional strain of managing a medical negligence case on top of caring for their baby at the most difficult time.

Failings in care that result in your baby needing neonatal care is a distressing experience for every parent. This could be due to failures in pregnancy care, during labour and delivery or postnatal care and the outcomes can be devastating. Many babies are left dealing with physical injuries, chronic health conditions and brain damage as a result of medical negligence.

Before April, many parents of neonatal babies faced the additional stress and worries about time off work, lost income or whether they’d have a job left to return to, and while these paled in comparison to their baby’s health struggles, they remained a worry.

The new law allows eligible parents a right of up to 12 weeks’ extra leave and pay on top of any other entitlements, such as maternity/paternity leave and pay. This means that parents can concentrate on their baby and the care that they need, offering greater financial and emotional support at the most difficult time for any family.

Parents who have shared or sole responsibility for a child are eligible if their baby was born on or after 6 April 2025 and has received medical or palliative neonatal care for at least seven consecutive days within 28 days after birth.

Eligible parents include the mother or birth parent, the father, adoptive or foster parents, surrogacy parents and anyone who is married to or the civil partner of the mother or birth parent. They are each entitled to a separate amount of leave.

Neonatal care leave is now a ‘day one right’, meaning that it is available to any employee from their very first day in a new job. The new statutory neonatal care pay is available to those who meet continuity of service requirements and a minimum earnings threshold.

This new law will allow parents that precious time to be with their newborn babies while they receive neonatal care without having to worry about it affecting their job, finances or annual leave. It is thought the new law will benefit around 60,000 parents in the UK every year.