Neonatal care leave (and pay)
Neonatal care leave
To qualify for neonatal care leave (NCL) - of up to 12 weeks - the following conditions must be met:
- you must be an employee
- the child must be born on or after 6th April 2025
- at the birth of the child, you must be the child’s:
- parents
- intended parents (in relation to surrogacy) or
- partner to the child’s mother. This is a person who lives with the child’s mother or adopter and is in an enduring family relationship with them, but is not a relative. For example:
- parent
- grandparent
- grandchild
- sibling
- aunt
- uncle
- niece
- nephew
- you must have or expect to have responsibility for raising the child
- the child must be admitted into hospital neonatal care (medical or palliative). This must be within the first 28 days of birth. The child must remain in neonatal care for at least seven continuous days (see below for further information)
- NCL must be taken to provide care for the child
- NCL must be taken in blocks of a week
Parents can take one week’s NCL in respect of each uninterrupted week (seven days) that their child receives neonatal care. The first qualifying period of seven days begins with the day after the day the child first receives neonatal care (days two to eight of neonatal care). NCL can be taken from the day after the first qualifying period. This means that you are not able to start NCL until day nine.
NCL is additional to all other maternity and paternity leave entitlements. Entitlement to NCL ends 68 weeks after the child’s birth.
NCL must be taken within the first 68 weeks of the child’s birth (or placement in the case of adoption). As many individuals will already be on some form of family leave while their child is in neonatal care, NCL may be taken:
- after neonatal care has ended
- at the end of maternity, shared parental or adoption leave
However, there will be instances where individuals will take NCL while their child is still receiving neonatal care. For example, partners whose paternity leave entitlement has run out while their child is still receiving care.
Neonatal care pay
To qualify for neonatal care pay (NCP) the following additional conditions must be met:
- you must have been employed by us for a continuous period of at least 26 weeks ending with the ‘relevant week’. For example, the 15th week before the week in which the child is due
- your average gross weekly earnings must be at least equal to the lower earnings limit for National Insurance (NI) purposes
- as a general rule, your earnings will be averaged over a period of at least eight weeks up to and including the last pay day before the end of the ‘relevant week’. This period is called the ‘relevant period’
These conditions are the same as the conditions for SMP and shared parental pay.
NCP is paid at a flat rate per week or 90% of average weekly earnings, if this is less. NCP may be paid for a maximum of 12 weeks and is payable within the first 68 weeks of the child’s birth.
Taking neonatal care leave
There are two categories of NCL depending on when the leave is taken. These are referred to as tier 1 and tier 2 periods:
Tier 1 period leave - applies to NCL taken while the child is still receiving care and up to a week post discharge from hospital. Tier 1 NCL can be taken in non-continuous blocks of a minimum of one week at a time. Tier 1 period NCL ends on the 7th day after the day the child stops receiving neonatal care.
Tier 2 period leave - applies to all other NCL and must be taken in one continuous block. There is no option to take more than one period of NCL in the tier 2 period.
The required length of notice to take NCL differs depending on when the leave is taken:
Tier 1 period NCL
- For each week of NCL to be taken in tier 1 (while the child is still receiving neonatal care) notice must be given before you are due to start work on your first day of absence in that week If this is not reasonably practicable, you must give as much notice as soon as possible.
- Notice during a tier 1 period does not need to be in writing.
- Tier 1 period NCL is only likely to be taken by a father or the mother’s partner. The mother will more than likely already be on maternity leave during the tier 1 period. If you are already on paternity leave when you wish to take tier 1 period NCL, you have to notify your manager that you wish to take NCL. This must be before the time you are due to start work after paternity leave.
Tier 2 period NCL
- For a single week of tier 2 period NCL, notice must be given no later than 15 days before the first day the of the NCL to which the notice relates. If this is not possible, notice must be given as soon as reasonably practicable.
- For two or more consecutive weeks of tier 2 NCL, notice must be given no later than 28 days before the first day of the NCL to which the notice relates. The leave can only be taken in a single block.
However, it can be agreed with your manager to waive any notice requirements.
The above NCP qualifying conditions are the same as those for SMP and shared parental pay.
NCP is treated as earnings and is, therefore, subject to PAYE and National Insurance deductions.
Neonatal care leave notice requirements
To take NCL you must provide your manager with notice stating:
- your name
- your child’s date of birth (or date of placement or entry to Great Britain if adopting)
- the start date or dates of neonatal care
- the date neonatal care ended (if applicable)
- the date on which you would like to take NCL or NCP
- the number of weeks of NCL or NCP the notice is being given for
- confirmation that NCL is being taken to care for the child
- confirmation that you are eligible to take NCL due to your relationship with the child
If you have given notice before the child has stopped receiving neonatal care, you must inform your manager of the date that neonatal care ends. This must be as soon as is reasonably practicable after that date.
Returning to work
We will confirm in writing, the date on which we expect an employee to return to work. They must tell their manager if this is not possible. Managers should complete the return to work form.
If, for health reasons, an employee cannot return to work after maternity leave, or at an earlier notified date, we will deem them as having returned to work. The usual sickness reporting procedures and policies will apply. We will treat a late return without prior agreement as unauthorised absence.
Employees who intend to return to work at the end of their maternity leave do not need to give any further notification. However, it helps us if they confirm, as soon as convenient, that they will return to work as expected.
Employees can delay their return to work by taking annual leave immediately after their period of maternity leave. Their manager must agree to this.
If an employee wishes to return to work early, they must give 21 days' notice of their intended return to work date.
Premature births
When a child is born prematurely, it may be before the start of the employee's maternity pay period. They must inform their manager of the actual date of the birth as soon as reasonably practicable. We want to ensure that their maternity pay is calculated correctly and paid.
If the birth is before or during the qualifying week, we will calculate 'average earnings' for SMP purposes from the eight weeks immediately before the week of the birth. We will calculate the start of maternity leave and the maternity pay period following the birth.
Stillbirths or miscarriage
If a child dies before birth after 24 weeks of pregnancy, this is a stillbirth. The employee will be entitled to the same rights to maternity leave and pay. Employees are also entitled to parental bereavement leave. For more details, read the Leave and Time Off Policy.
If the death of an unborn child occurs before the 24th week of pregnancy, this is a miscarriage. The employee is not eligible for maternity entitlements. They may be eligible for sick pay and a period of compassionate leave.
If an employee's partner suffers' a miscarriage or stillbirth, the same criteria and rights apply to statutory paternity pay and leave.
Employees should approach their manager to discuss their individual needs together with advice from their doctor. The manager may refer the employee to Occupational Health. They can discuss counselling and provide advice about workplace adjustments and return to work arrangements.
Health and safety
We want to provide a healthy working environment for all employees and provide support to those that:
- are pregnant
- have recently returned from maternity leave
- are breast-feeding
For further guidance, read our health and safety manual, G11 - new and expectant mothers at work policy.
Managers will carry out a risk assessment when informed that an employee is pregnant. They will offer appropriate support and make adjustments where necessary. Employees should tell their manager if they need additional help or adjustments throughout their pregnancy.