Neonatal Care Leave & Pay Policy - April 2025

4. Eligibility for Neonatal Care Leave

Whatever your length of service, you have a statutory right to take neonatal care leave if at the date of the child's birth:

•    you are the child's parent and have responsibility for the upbringing of the child; or

•    you are the partner of the child's mother and have main responsibility for the upbringing of the child (apart from the mother).

In this policy, partner includes someone, of whatever sex, who lives with the mother or the child in an enduring family relationship but who is not the mother's child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew.

For adoptions within the UK, you are entitled to neonatal care leave if at the date the child is placed for adoption:

•    you are the child's adopter and have or expect to have responsibility for the upbringing of the child.

•    you are the child's prospective adopter (in a "foster to adopt" arrangement) and have or expect to have responsibility for the upbringing of the child; or

•    you are the partner of the child's adopter or prospective adopter and have main responsibility for the upbringing of the child (apart from your partner).

For adoptions from overseas, you are entitled to neonatal care leave if at the date the child enters Great Britain:

•    you are the child's overseas adopter and have or expect to have responsibility for the upbringing of the child; or

•    you are the partner of the child's overseas adopter and have main responsibility for the upbringing of the child (apart from your partner).

If you are having a child through a surrogacy arrangement, you are entitled to neonatal care leave if at the date of the child's birth:

•    you have applied or intend to apply for a parental order within a period of six months.

•    you expect the parental order to be granted; and

•    you have or expect to have responsibility for the upbringing of the child.

Additionally, the following conditions must be satisfied:

•    your child was born on or after 6 April 2025.

•    your child started receiving neonatal care within 28 days after the date on which they were born (the 28 days are counted from the day after the child is born).

•    the neonatal care has lasted seven days or longer without interruption (the seven days are counted from the day after the neonatal care started).

•    you are taking the leave to care for your child; and

•    you have complied with the relevant notice and declaration requirements set out in this policy.

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