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Insights

New Statutory Rights to Neonatal Care Leave and Pay

Posted on 01st April 2025 in Employment

Posted by

Stephen Jennings

Partner and Solicitor
New Statutory Rights to Neonatal Care Leave and Pay

Starting from 6 April, the UK will introduce new statutory rights to neonatal care leave (NCL) and pay (SNCP), providing crucial support to parents of babies requiring neonatal care.

These measures aim to alleviate the stress and financial burden on families during a challenging time.

Statutory Neonatal Care Leave (NCL):

  • Eligibility: Employees are entitled to one week of NCL for each qualifying week their child spends in neonatal care, up to a maximum of 12 weeks. The neonatal care must begin within 28 days of the child's birth and last for a continuous period of at least seven days.
  • Conditions: NCL must be taken in weekly blocks. Employees must have a qualifying parental or other personal relationship with the child. This includes cases of adoption, including from overseas, and parental order (surrogacy) cases.
  • Protection: NCL is a day-one right, meaning it is available from the first day of employment. Employees are protected from detriment or dismissal related to NCL. Those returning from NCL are entitled to suitable alternative employment on redundancy in priority to other employees.

Statutory Neonatal Care Pay (SNCP):

  • Eligibility: To qualify for SNCP, employees must have a parental or other personal relationship with a child receiving neonatal care. The neonatal care must begin within 28 days of the child's birth and last for a continuous period of at least seven days.
  • Conditions: Employees must have at least 26 weeks' continuous service ending with the relevant week and have received normal weekly earnings for a period of eight weeks ending with the relevant week, meeting the lower earnings limit.
  • Payment: SNCP is paid at the same rate as statutory paternity pay or statutory shared parental pay. It may be paid for a maximum of 12 weeks and is payable within the first 68 weeks after the child's birth.

For further information, you can review the official announcement here.

How can Tozers help?

At Tozers, we can assist employers in navigating the new statutory rights to neonatal care leave (NCL) and pay (SNCP) by developing and reviewing workplace policies, providing training and guidance to HR teams and managers, offering tailored legal advice, resolving disputes, and ensuring compliance with redundancy and employment protection obligations. Our EASY retainer service offers ongoing support, ensuring you have access to timely advice whenever needed. Contact us today to find out more.

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