A significant change in employment law, granting parents of newborns increased rights at work, will come into effect on 6 April 2025. Employers across Scotland are being urged to act now to ensure they are ready for Neonatal Care Leave, which will provide essential support for families with babies requiring extended hospital care. Partner Daniel Gorry shares his insights.
Neonatal Care Leave will become a day-one right for every employee, allowing eligible parents to take up to 12 weeks of additional leave if their baby is admitted to neonatal care within the first 28 days of life and requires at least seven consecutive days of care. This new entitlement will be in addition to existing leave rights, such as maternity and paternity leave.
For many families, having a newborn in hospital presents an incredibly difficult choice - returning to work or staying by their baby's side. The UK Government has introduced these measures to ensure that no parent has to choose between financial security and spending critical time with their child.
Employers need to be ready
Despite the significance of this change, awareness remains low. Employers need to update their policies and procedures to accommodate the new rights. For small and medium-sized enterprises and charities without dedicated HR departments, this update could easily be overlooked - leading to potential compliance issues as soon as the law comes into force.
Many employers already act reasonably when their employees face personal challenges, but it is essential that they fully understand these new rights and their legal responsibilities. Those unsure of the requirements should seek professional advice to ensure a smooth transition.
In addition to leave entitlement, Statutory Neonatal Care Pay will be available to parents who meet continuity of service requirements and a minimum earnings threshold. While this is a positive step for employee rights, implementing these changes may not be straightforward, reinforcing the need for employers to act now.
Government support for the changes
In discussing the new regulations, Employment Rights Minister Justin Madders emphasised the importance of this change for parents in challenging circumstances:
“Parents of children in neonatal care have more than enough to worry about without being concerned about how much annual leave they have left or whether they’ll be able to make ends meet. This entitlement will deliver certainty to them and their employers, setting baseline protections that give them the peace of mind to look after the one thing that matters most - their newborn baby.”
With the UK Government's wider Employee Rights Bill also set to introduce unfair dismissal as a day-one right from autumn 2026, now is the time for businesses to review and update their employment policies.
Employers who proactively prepare for these changes will not only ensure compliance but also demonstrate their commitment to supporting employees during one of the most challenging times of their lives.
Published 20 March 2025
