Until a new framework comes into force on 6 April 2025, employees do not have a specific statutory right to leave or pay if their baby requires specialist neonatal care after birth. Employees must instead rely on any existing statutory leave entitlements, such as statutory maternity leave, statutory adoption leave, shared parental leave (SPL), or statutory paternity leave, if eligible, while their baby is in hospital.
From the 6th April 2025, Employees have the right to the following:
Statutory neonatal care leave (NCL)
- An employee is entitled to one week of NCL for each qualifying week their child spends in neonatal care, up to a maximum of 12 weeks. It must be taken in weekly blocks.
- The neonatal care must begin with 28 days of the child’s birth and last for a continuous period of at least seven days.
- The employee must have a qualifying parental or other personal relationship with the child. NCL may be taken where a child has been adopted, including from overseas, as well as in parental order (surrogacy) cases.
- NCL may be taken in addition to other types of statutory family leave but must be taken within the first 68 weeks of a child’s birth.
- NCL is a day-one right.
- Employees must comply with the notice requirements.
- Employees have the right to return to the same job (or, in certain circumstances, to return to a suitable and appropriate alternative job).
- Employees are protected from detriment or dismissal relating to NCL.
- Employees who are taking or have recently returned to work from NCL are entitled to be offered suitable alternative employment on redundancy in priority to other employees.
Statutory neonatal care pay (SNCP)
- The employee must have a parental or other personal relationship with a child who is receiving, or has received, neonatal care. This includes adoption and parental order cases.
- The neonatal care must begin with 28 days of the child’s birth and last for a continuous period of at least seven days.
- The employee must have at least 26 weeks’ continuous service ending with the relevant week.
- The employee must have received normal weekly earnings, for a period of eight weeks ending with the relevant week, of not less than the lower earnings limit (currently £123 per week, increasing to £125 per week as of the 6th April 2025).
- SNCP is paid at the same rate as statutory paternity pay (currently £184.03 or 90% of your average weekly earnings, whichever is lower, increasing to £187.18 from 6th April 2025) or statutory shared parental pay (same as statutory paternity pay).
- SNCP may be paid for a maximum of 12 weeks and is payable within the first 68 weeks after the child’s birth.
- Employees must comply with the notice requirements.
We will be looking to update school policies before April 2025 to either incorporate the above into your family friendly policies; or have a stand alone policy with references to it in the family friendly policy.
