Legal update
Statutory neonatal care leave and pay
The new Neonatal Care Leave (NCL) and Statutory Neonatal Care Pay (SNCP) provisions will come into effect on 6 April 2025, allowing eligible parents to take up to 12 weeks of leave and pay when their baby requires neonatal care. This initiative aims to provide dedicated time for parents to care for their newborn children without affecting their existing maternity, paternity or shared parental leave.
Who is eligible?
Eligibility for NCL extends to the baby's parents, intended parents in surrogacy situations, and the partners of the baby's mother living in an enduring relationship with caregiving expectations. The leave can be accessed from day one of employment, provided that the baby is born on or after the implementation date.
To receive SNCP, employees must have at least 26 weeks of service and meet minimum earnings criteria.
What is neonatal care?
To qualify for NCL, neonatal care must occur within the first 28 days of birth and last a minimum of seven continuous days. It includes medical care in hospitals, post-discharge care under consultant direction, and palliative care. The length of leave aligns with the duration of care, capped at 12 weeks, with the stipulation that multiple births do not entitle parents to additional leave for simultaneous care.
When can NCL be taken?
NCL must be taken within 68 weeks of the baby's birth. It can be divided into two periods: tier 1 (during care and up to a week post-discharge) which allows intermittent week-long blocks, and tier 2 (all other situations), requiring continuous leave. Employees must provide notice of their intentions with specific details, although notice requirements may be waived by mutual agreement with employers.
During NCL, employees retain their employment terms and conditions, except for pay, and enjoy protections from detriment or dismissal. Extended redundancy protections apply after six weeks of NCL.
Key takeaways
Employers should prepare for the new provisions by reviewing policies, implementing notice requirements and procedures, and considering potential enhancements to their leave offerings.
Additional training may be beneficial for HR/People Teams given the complexities involved, while tracking employees on extended NCL for redundancy considerations will be essential.
Employers should also navigate privacy considerations regarding employees’ children's medical conditions and remain sensitive to the potential long-term impacts of neonatal care on their employees' health and performance.