Day-one right

Neonatal care leave: who is in scope from 6 October 2026

Updated 6 October 2026

From 6 October 2026, neonatal care leave and statutory neonatal care pay is a day-one right for most employees. You do not need a set service length to qualify, and your baby only needs to have been admitted to neonatal care within 28 days of birth. If you meet the test, you can take up to 12 months of leave, with statutory pay for the first weeks. There are some practical limits you should know about. Only the person who is taking leave to care for the baby can claim the pay, and your employer can ask for proof of the admission. Here is what is in scope, who is covered, and what to do this week.

Who is in scope for neonatal care leave from 6 October 2026

You are in scope for neonatal care leave and pay from 6 October 2026 if you are an employee, your baby was admitted to neonatal care within 28 days of birth, and you are taking leave to care for that baby. The right is day-one, so you do not need to pass a qualifying service test.

Adoptive parents and intended parents in a surrogacy arrangement whose baby is admitted within 28 days of birth are also in scope. If you are the partner of the person giving birth and you share parental responsibility, you can qualify, but only one of you can take leave for the same period of neonatal care.

The leave must be taken before the end of a set window, in most cases within a fixed period after the baby is discharged. If you want to take the full year, you need to plan it in. Your employer can refuse a request that does not meet the rules, and they can ask for evidence.

You must give your employer notice in writing, as far in advance as you reasonably can. The earlier you tell them, the more flexibility you will have on start and end dates, and the easier it is to sort out the paperwork.

How much leave and pay you can get from 6 October 2026

The statutory entitlement is up to 12 months of neonatal care leave for the qualifying parent, taken in blocks of whole weeks within a fixed window. You can split the leave in line with the rules, and you can change the dates with the right notice.

Statutory neonatal care pay is paid for the first weeks of leave at a weekly rate set by the government. After the pay period ends, the rest of the leave is unpaid unless your contract says otherwise. Your contract might give you more, and your employer cannot give you less than the statutory minimum.

To get the pay, you need to give your employer the right notice, supply evidence of the neonatal admission when asked, and have earnings at or above the lower earnings limit for the relevant period. If you do not meet the earnings test, you still keep the right to unpaid leave.

If you are on a zero-hours or casual contract, the same day-one right applies. You still need to be an employee, not a worker or self-employed, and you still need the baby to have been admitted within 28 days of birth.

Evidence your employer can ask for from 6 October 2026

Your employer can ask for evidence that your baby was admitted to neonatal care within 28 days of birth. In most cases, a short letter from the hospital or a discharge summary that names the baby and the dates of admission is enough.

You do not have to share detailed medical records. The right is to care for the baby, not to prove a medical condition. If your employer asks for more than the rules allow, push back in writing and ask which rule they are relying on.

You also have the right not to be treated badly for taking or asking for neonatal care leave. If your hours, shifts, or shifts pattern are cut, or you are moved off better work, that could be automatic unfair treatment.

If you lose your job because you took this leave, treat it as a priority case. Time limits for bringing a claim are short, and you usually have three months from the date the act you complain about happened.

What to do in the meantime

Tell your employer in writing as soon as you can, even if the birth was unexpected. Include the baby's date of birth, the date of neonatal admission, and the dates you would like to start and end leave. Keep a copy of the message and any replies.

Ask for the employer's neonatal care leave policy and the form they use for the pay. If they do not have one, ask for the government guidance and for written confirmation of how they will treat your request.

Gather your evidence now. A short hospital letter naming the baby, the date of admission, and the discharge date is usually enough. Keep payslips for the relevant period in case your employer checks the earnings test for the pay.

If your employer pushes back, refuses without a good reason, or punishes you for asking, get advice quickly. A short deadline can apply, and a free initial conversation with a regulated adviser is usually possible through a trade union or a law centre.