A long-awaited Family Friendly policy that ensures parents in employment can concentrate on their new family without job security worries.
Neonatal Care Leave (NCL) has been introduced to support working families who may have to return to work whilst their babies are unwell in hospital.
NCL entitles those responsible for a baby receiving neonatal care, to take up to 12 weeks of Statutory Neonatal Care Leave (SNCL), taken within 68 weeks of the date of the baby’s birth, or date of placement in the case of adoption (where the eligibility criteria is met), to receive up to 12 weeks of Statutory Neonatal Care Pay (SNCP).
To qualify, neonatal care must begin within 28 days of baby’s birth (beginning the day following the baby’s birth) and continue for at least 7 consecutive days.
Entitlement is a day 1 statutory employment right and in addition to other family friendly rights such as maternity and paternity leave – and no employee should be subject to any detriment for taking NCL.
The law defines neonatal care as care of a medical or palliative kind:
- Medical care received in hospital (including a maternity home, clinics and outpatient departments).
- Medical care being received in another place following discharge from hospital, provided the care is under the direction of Consultant and/or visits by healthcare professionals arranged by the hospital.
- Palliative or end of life care.
Eligibility requires the following criteria to be met:
- Are the baby’s parent, intended parent (under surrogacy arrangement), or partner of the baby’s mother at the date of birth
- In cases of adoption, are the baby’s adopter, prospective adopter, or the partner of either, at the date the baby is placed.
- Have or expect to have, responsibility for the upbringing of the baby and are taking leave to care for the baby
Employers may have their own internal processes, however, as a minimum the legislation requires:
- Confirmation of the request to take Neonatal Care Leave
- The baby’s name and date of birth, or date of placement in the case of adoption.
- The date the baby started to receive neonatal care.
- The date neonatal care ended, if the baby is no longer receiving this.
- The date leave will commence.
- The number of weeks requested.
- A declaration that this time is being taken to care for the baby
- Confirmation that eligibility criteria to take Neonatal Care Leave has been met.
- Whether there is an entitlement to claim Statutory Neonatal Care Pay (SNCP).
The Regulation applies different notification criteria, dependent upon individual circumstances and when leave is taken:
Tier 1 Period – During Neonatal Care:
This begins on the day the baby starts receiving neonatal care and ends on the 7th consecutive day after neonatal care stops and can be taken in non-consecutive weeks.
Tier 2 Period – After Neonatal Care Ends:
This refers to any other period outside of Teir 1, when the baby is receiving neonatal care or during the week immediately after it ends, up to the 68-week period and requires the following notice to be provided:
- For a single week, no less than 15 days before the first day of leave.
- For 2 or more consecutive weeks, no less than 28 days’ notice before the first day of leave.
Eligibility for Statutory Neonatal Care Pay (SNCP) will be subject to being able to satisfy certain conditions and paid for a maximum of 12 weeks, either at the Statutory Rate or 90% of weekly earnings, if this is lower.
Further information on this topic or any other forthcoming legislation changes, please pick up the phone for a chat or drop us an email – we’re always here to help.
