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Employee handbook

Neonatal care leave and pay - guidance and FAQs

Having a baby in the neonatal unit can be an emotional and frightening time, and you may be feeling overwhelmed and anxious. Additional pressures from work and finances can add to your fears and concerns at a time when you should be able to focus on your baby or babies. These questions are here to assist parents who are in this position, and for managers or employing MSPs to support staff at this difficult time. Neonatal care leave and pay is available for babies born on or after the 6 April 2025.

What is neonatal care leave and pay?

Neonatal care - leave is an entitlement to time away from work in addition to other parental leave (maternity, paternity, adoption and shared parental leave)

MSP staff should refer to the following policies on your MSP Staff Employment Pages on the Intranet.

Neonatal care - pay refers to pay that parents/carers who fulfil certain requirements will receive while they are not at work and during their neonatal care leave.

What is neonatal care?

1 in 7 babies born in the UK are admitted to neonatal care, due to being born prematurely (before 37 weeks of pregnancy) or at full-term but are sick.

Neonatal care means any of the following:

  • Medical care received in a hospital. This includes maternity homes, and clinics or outpatient departments connected to hospitals or maternity homes. The child does not necessarily need to have been admitted to hospital as an inpatient.
  • Medical care received in any other place if: (i) the child was an inpatient in hospital and the care is received upon leaving hospital; (ii) the care is under the direction of a consultant; and (iii) the care includes ongoing monitoring by, and visits to the child from, healthcare professionals arranged by the hospital where the child was an inpatient.
  • Palliative or end of life care.

Am I entitled to neonatal care leave and pay?

Parents/carers will qualify for both neonatal care leave and pay if:

  • Your baby is born on or after 6 April 2025
  • Your baby spends at least 7 continuous days receiving neonatal care that starts within 28 days of their birth
  • You have been working for the same employer for at least 26 weeks, and you earn an average of at least £125 per week

What does neonatal care leave and pay mean for parents?

Parents have the options to extend their parental leave by one week for every full week that their baby is receiving hospital care if:

  • Their baby is admitted for neonatal care within 28 days of birth
  • The treatment is for a continuous period of 7 days or more

Neonatal care leave is a “day one” right, which means it applies no matter when you started your employment with us. It also offers employment protection rights comparable with other parental leave, for example, the right to paid holidays and the right to return to a job at the same level.

Neonatal care leave is available to staff with a parental relationship to the baby/babies, whether they are the mother or birthing parent, father or other non-birthing parent such as non-birthing mother, spouse, civil partner or adoptive parent.

Neonatal care leave and pay is available to parents/carers that meet additional length of service and earnings requirements. If you have worked for your employer for a minimum of 26 weeks and earn on average at least £125 per week, your leave will be paid at a statutory flat rate of £187.18 per week, or 90% of average weekly earnings, whichever is lower.

The maximum amount of leave that can be taken is 12 weeks, and it must be taken within 68 weeks of the baby’s birth.

How does neonatal care leave apply in the cases of multiple births?

In the case of multiple births from the same pregnancy:

  • You only accrue neonatal leave in respect of any individual child whose neonatal care lasts for an uninterrupted period of 7 days (running from the day after neonatal care starts). For example, you will not accrue neonatal leave if twins each receive neonatal care for only 5 days
  • You can accrue neonatal leave in respect of more than one child, if they are receiving neonatal care at different times. If they receive neonatal care at the same time, you can only accrue leave in respect of one child
  • The maximum neonatal leave available remains at 12 weeks, even if more than one child receives neonatal care

What are the time periods for taking neonatal leave?

There are two time periods for neonatal leave:

  • Tier 1: this runs from the start of neonatal care until 7 days after neonatal care stops.
  • Tier 2: this covers any other period during which you can take neonatal leave.

In the case of multiple births from the same pregnancy, if more than one child is receiving neonatal care, Tier 1 runs from the first day that any of the children starts receiving neonatal care and ends 7 days after the last child stops receiving it.

When can I take neonatal leave?

You can take neonatal leave while a child is receiving neonatal care or later, however:

  • The earliest you can start neonatal leave is on 'day 9' of the child's neonatal care – so if neonatal care starts on a Monday, you cannot start neonatal leave until the Tuesday of the following wee
  • You can start leave on any day of the week
  • You must take neonatal leave within 68 weeks of the child's birth. You will lose any neonatal leave not taken within that time. In the case of multiple births from the same pregnancy, the 68-week period runs from the first child's birth

Do I need to take it in full weeks?

You must take neonatal leave in blocks of one or more weeks. You cannot take it as single days or periods of less than a week.

Do the weeks of neonatal leave need to be consecutive?

If you take neonatal leave:

  • During Tier 1: your weeks of leave don't need to be consecutive.
  • During Tier 2: you must take the leave in consecutive weeks i.e. one block. You can choose how much of your accrued leave you want to take, and don't need to use it all, but you will lose any leave you don't take in that block and will not be able to take it at a different time.

Is neonatal leave an addition to other family leave?

Neonatal leave is available in addition to other statutory family leave (such as maternity or paternity leave) and taking neonatal leave does not impact on the amount of other leave available.

I've already started other family leave, should I stop it to take neonatal leave?

You should not stop any adoption, maternity, paternity or shared parental leave that has already started to take neonatal leave – you can take the neonatal leave after the other leave has ended, even if your child is not receiving neonatal care at that point.

I'm on neonatal leave, but due to start other family leave, what happens now?

You cannot give notice to take neonatal leave during Tier 2 if you know it will be interrupted by other family leave.

If a block of neonatal leave started during Tier 1 and is interrupted by other pre-booked statutory family leave (such as paternity or shared parental leave), your neonatal leave is paused, and you move to the other family leave. If the other family leave ends -

  • During Tier 1: you immediately move back onto neonatal leave for the remaining duration of the neonatal leave you originally gave notice for (which might not be the full amount of accrued neonatal leave) – you don't need to give any additional notice to take this; or
  • During Tier 2: you don't need to move straight back onto neonatal leave. You should give notice of when you want to take neonatal leave, and you must take the remaining neonatal leave you originally gave notice for consecutively with any other neonatal leave you take.

Do I need to provide notification?

Neonatal care leave and pay is based on a self-declaration, but you will need to provide your manager or employing MSP with some information. For SPS staff, iTrent will need to be updated so the absence can be logged. MSP staff should provide details set out in the process below.

If neonatal leave is to be taken following a period of family care leave, you will need to provide notification of your intention.

What process do I follow to take neonatal leave?

To take neonatal leave, you must give notice of:

  • Your name
  • The child's date of birth
  • The start and end dates of each period of neonatal care. If neonatal care is ongoing when you give notice, you should provide the date it ends, as soon as is reasonable after that.
  • The date you want neonatal leave to begin
  • How many weeks of neonatal leave you plan to take
  • Confirmation that you are taking neonatal leave to care for the child
  • If this if the first notice of neonatal leave in respect of the child, confirmation that you meet the relationship and responsibility requirements described in the policy

How much notice do I need to provide?

You must provide notice to your manager or employing MSP before you are due to start work on the first day of each week of neonatal leave (or, if this is not reasonably practicable, as soon as is reasonably practicable). If you give notice on a day when you have already started work, your neonatal leave cannot start until at least the following day. If you need time off work before that, please speak to your manager or employing MSP about your options.

Does it need to be in writing?

You can give notice verbally at first, but if you want to claim statutory neonatal pay, you must follow this up with written notice within 28 days of neonatal leave starting.

Can I withdraw notice?

You cannot return to work part-way through a week of neonatal leave – it must be taken in full weeks.

If you wish to cancel future weeks of neonatal leave that you have given notice of, this will be at our discretion, and you should speak to your manager or employing MSP to discuss the situation.

During Tier 1

How much notice?

You must provide notice before you are due to start work on the first day of each week of neonatal leave (or, if this is not reasonably practicable, as soon as is reasonably practicable). If you give notice on a day when you have already started work, your neonatal leave cannot start until at least the following day. If you need time off work before that, speak to your manager or employing MSP about your options.

Does it need to be in writing?

You can give notice verbally at first, but if you want to claim statutory neonatal pay, you must follow this up with written notice within 28 days of neonatal leave starting.

Can I withdraw notice?

You cannot return to work part-way through a week of neonatal leave – it must be taken in full weeks.

If you wish to cancel future weeks of neonatal leave that you have given notice of, please speak to your manager or employing MSP to discuss the situation.

During Tier 2

How much notice?

Please provide the following:

  • For one week of leave, no later than 15 days before the first day of leave.
  • For two or more consecutive weeks of leave, no later than 28 days before the first day of leave.

Does it need to be in writing?

Notice must be in writing.

Can I withdraw notice?

Yes, so long as you provide notice in writing and:

  • For one week of leave, no later than 15 days before the first day of leave.
  • For two or more consecutive weeks of leave, no later than 28 days before the first day of leave.

If you withdraw your notice to take leave, you can then give notice to take leave on different dates, so long as those meet the other conditions within the policy. In some cases, shorter notice of withdrawal may be accepted.

What if I take time off when I know I am not entitled to?

Any abuse or breach of this policy may lead to disciplinary action under the Disciplinary Policy. If you are unsure of your entitlement, you should discuss this with your manager.

What other policies might help me?

In some circumstances it may be appropriate to look at additional periods of leave and this is at the discretion of your manager or employing MSP, and in discussions with People Services. The following polices may also be relevant, and MSP staff are directed to the MSP Staff Employment Pages on the Intranet.

Flexible Working If you need to make changes to your working arrangements (on a permanent or temporary basis), please speak to your manager or employing MSP in the first instance.
Carer's leave The Carer's Leave Policy explains the statutory right to carer's leave.
Time off for dependents You are entitled to unpaid time off work to deal with certain emergency situations affecting your dependants.
Special leave Special leave is way of supporting staff to manage personal priorities and deal with unexpected life events.
Parental bereavement leave This policy explains your entitlements in this situation.
Maternity, paternity, shared parental and adoption leave You may be entitled to maternity, paternity, shared parental or adoption leave.
Family care leave Eligible staff can take up to 18 weeks’ unpaid leave for each child for the purpose of caring for that child (up to the child’s 18th birthday).

Examples of how neonatal care leave and pay may apply:

Neonatal leave and…maternity

  • You start 52 weeks maternity leave on 7 April 2025
  • Baby is born on 14 April 2025 and receives neonatal care for 6 weeks from 16 April 2025
  • Member of staff remains on maternity leave as cannot be stopped
  • Maternity leave ends on 6 April 2026 and 6 weeks neonatal care leave starts on 7 April 2026
  • Member of staff takes 58 weeks’ leave in total.

Neonatal leave and…paternity

  • Baby is born on 28 April 2025 and member of staff starts 2 weeks’ paternity leave from 28 April 2025
  • Baby receives neonatal care for 1 week from 30 April 2025
  • Paternity leave ends on 11 May 2025
  • 1 week of neonatal care leave starts on 12 May 2025
  • Member of staff takes 3 weeks in total (you only need to notify your manager or employing MSP before you were due to start work on 12 may – this is when your neonatal care starts)

Neonatal leave and... adoption

  • You start 52 weeks adoption leave on 7 April 2025
  • Baby is born on, and placed for adoption with the member of staff, on 14 April 2025 and receives neonatal care for 6 weeks from 16 April 2025
  • Member of staff remains on adoption leave as cannot be stopped
  • Adoption leave ends on 6 April 2026 and 6 weeks neonatal care leave starts on 7 April 2026
  • Member of staff takes 58 weeks’ leave in total

Neonatal leave and…shared parental leave

  • Baby is born on 7 April 2025
  • Baby receives neonatal care for 4 weeks from 8 April 2025
  • Mother previously curtailed her maternity leave which ends on 27 April 2025, and provided notice of shared parental leave
  • Shared parental leave starts 28 April 2025 and lasts for 10 weeks
  • After 10 weeks, the member of staff can: return to work, take a further period of shared parental leave or take neonatal care leave (doesn't need to be taken at end of SPL but needs to be before 68 weeks of birth)

What workplace support is available during this time?

It is important to understand that parents of premature or sick babies are likely to experience a range of emotions. Communications should be managed in a sensitive way. To support staff during this difficult time, managers and employing MSPs should take a sensitive approach to:

  • Discuss the best way, and regularity, of contact to be maintained during this period of leave. It may be that this is via a partner or wider support network and managers and employing MSPs should be mindful that your member of staff may prefer to be left alone during this difficult time
  • Discuss what information they would like their colleagues to be told and if it’s appropriate to send cards and/or messages of congratulations. It is important to acknowledge the birth of the baby, but some parents may need time before they hear from wider colleagues
  • Ensure that the MAT B1 form has been uploaded to iTrent (or sent to People Services for MSP staff) to allow for maternity leave payments to begin

Managers and employing MSPs should signpost the member of staff to their GP, the Employee Assistance Programme (EAP) on the Intranet and contact People Services for further advice, guidance and support if required. There are also external organisations who can provide support which can be found on the Intranet.

Further support is available from the following external specialist organisations

Resource About the resource Contact Information
Your doctor

Your General Practitioner, who has the main duty of care.

Your local GP surgery
For You by You
The Charity for Civil Servants
The charity provides a professional help and advisory service to serving and former civil servants, and their dependents, facing hardship in the UK.

Freephone help number:

0800 056 2424

Monday to Friday 10am to 3pm

Bliss

They support parents and families of premature or sick babies. They provide emotional support and information about your neonatal journey.

Complete the online contact form

or call on 020 7378 1122

www.bliss.org.uk

Tommys

They provide emotional and practical support to families with seriously ill children.

Complete the online form

or call 01372 363438.