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How should employers approach neonatal care leave and statutory neonatal care pay?

On 6 April 2025, new statutory entitlements to neonatal care leave (“NCL”) and neonatal care pay (“NCP”) came into force and apply to children born on or after that date.

Whilst the details of these entitlements are beyond the scope of this article (please consult the following if you are interested: https://www.berrysmith.com/news/neonatal-leave-and-pay/), it is worth noting that Acas has recently published practical guidance to assist employers with understanding the new rights.

We would urge employers to read this guidance carefully if they have the opportunity to do so (accessible here) but the below are key points to consider:

  • Employers should ensure that the process for requesting NCL and statutory NCP is clear to all employees (ideally in a policy).
  • Whilst the right to NCL is only triggered after seven days of neonatal care, employers should remain open minded. For example, an employer may allow this period to be taken off as paid time off or grant unpaid leave.
  • Given that this can be a stressful period for new parents, employers could allow someone other than the employee to give notice that they intend to take NCL (such as an employee’s friend or family member).
  • Before informing any clients or colleagues about their period of NCL, employers should confer with the employee in question and check if they wish for any information to be shared with third parties.
  • During any period of NCL, managers should continue to offer support. In certain circumstances, it may be appropriate to communicate with a close friend or family member. If an organisation has any employee assistance programmes in place (for instance relating to mental health), this may be a good time to share these with the colleague in question (and update any neonatal care policies to refer to these programmes).

Aside from these points, employers should liaise with their internal finance teams or payroll providers to ensure that NCP can be processed correctly. This may also be a good time to consider an updated training programme for managers within an organisation to ensure that they understand the new right and how to deal with requests to take NCL.

Please contact us if you would like more information about the issues raised in this article (such as information about neonatal care leave policies) or any other aspect of employment law at 02920 345 511 or employment@berrysmith.com