Babies receive neonatal care either because they have been born prematurely – before 37 weeks of pregnancy – or because they are sick. Women who are carrying twins or a higher multiple pregnancy are more likely to give birth earlier, and their babies are more likely to require neonatal admission after birth. Some babies born full-term need immediate additional care because they have, for example, an infection, difficulty breathing or a genetic condition.
Having a baby born premature or sick and admitted to neonatal care can be traumatic and worrying for new parents. The shock of visiting your baby in hospital rather than bonding with them at home can be upsetting and disorientating, especially if you’re also caring for older siblings.
We expect employers of parents who have babies in neonatal units to be supportive and flexible. A new law - Neonatal Care (Leave and Pay) Act 2023 - entitling parents to additional paid leave of up to 12 weeks if their newborn baby receives neonatal care for more than seven continuous days before the age of 28 days, is expected to come into force in 2025. The NEU is disappointed at the delay in commencing this legislation. Additional leave and pay for parents of babies in neonatal care is still very rare. The NEU is pressing employers to introduce these protections in advance of the statutory right.
Your rights
If your baby is born early or sick, your maternity leave and any maternity pay will start the day after the day your baby is born if you had not already started your leave. You retain your rights to maternity leave and pay, and your partner retains their rights to paternity leave and pay.
You and your partner can take shared parental leave and pay if you both qualify and you intend to return to work early and reduce your maternity leave. If your baby is born at least eight weeks before the expected week of childbirth and you want to take your shared parental leave within eight weeks of the birth you can still take it as long as you give notice as soon as is reasonably practicable after the birth.
When the new statutory benefits for parents of babies in neonatal care are in force, parents will be able to take additional paid leave of up to 12 weeks if their baby receives neonatal care for more than seven continuous days before the age of 28 days. Some employers have introduced benefits for parents of babies in neonatal care in advance of the statutory entitlements. Your NEU rep, branch or regional office will be able to confirm whether members have succeeded in negotiating enhanced rights at work for parents of babies in neonatal care in your school or college.
It is not possible to take more than one type of leave at a time but you might find that you can benefit from a succession of paid maternity leave, sick leave, shared paid parental leave and unpaid parental leave if you meet the qualifying criteria and give the correct notice. Your local NEU branch or AdviceLine might be able to assist you in planning your time off.
Your actions
As soon as you possibly can, no later than 13 weeks after giving birth use our sample letters to notify your employer that you have given birth.
If you have not already given notice of your intention to take maternity leave, notify your employer that you were pregnant, the expected week of childbirth and the day you gave birth; confirm that your maternity leave and any pay starts the day after you gave birth; include a copy of your MATB1 and a copy of the birth certificate if you have one.
If you have given notice of your intention to take maternity leave and have given birth before your leave has started, notify your employer of the day of birth; confirm that your maternity leave and any pay starts the day after you gave birth.
While you are on leave
Once you have recovered from giving birth, focus on your mental health and seek advice from your medical practitioner if you don’t feel well.
Let us know that your maternity leave has started so that your membership subscription is suspended during your absence. The simplest way to tell us is by updating your details on my.neu.org.uk/login
Once you have logged in, go to the workplace tab, click the change hours button and fill in your anticipated dates under paid leave. If you have any difficulty accessing myNEU, you can also tell us your leave dates by emailing [email protected] or calling 0345 811 8111.
Follow our guidance on maternity leave and pay, reasonable contact and KIT days.
As you return to work
Seek advice from your GP if you are being pressed to return to work before you are physically or mentally ready to return.
Check again whether members have succeeded in negotiating enhanced benefits for parents of babies in neonatal care and investigate whether you can take advantage of these benefits.
Follow our guidance on flexible working arrangements.
Keep records and screenshots of your conversations and communications with your employer or agency and confirm all important conversations by email.
Ask your NEU rep for support if your head, line manager, employer or agency does not uphold your rights.
If you need further advice about your rights at work, contact the NEU AdviceLine.
Further resources
For further, specialist advice and guidance on having a premature or sick baby in neonatal care, including campaigning for improved care for newborn babies and for enhanced rights at work for parents, you can contact Bliss at bliss.org.uk.
