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Sarah Smith, CIPP policy and research officer, reviews the new neonatal care leave and pay guidance and shares what you need to know
N ew guidance on statutory neonatal care leave and pay (SNCL&P) has been introduction in April 2025. However, the official implementation date has not yet been confirmed. The SNCL&P policy is a welcome addition to the current statutory parental leave entitlements, giving parents and caregivers more flexibility if their baby requires neonatal care after birth. Parents are currently finding themselves having to choose between taking the short period of parental leave that they’re entitled to when the baby is having neonatal released ahead of its planned care or working through that period until the baby can go home and taking the leave then. It’s a difficult decision for them at an already stressful time. The new leave and pay entitlement will be in addition to any other existing parental leave that they might be entitled to. In line with other statutory parental leave, SNCL&P is available in full week blocks, from the time the child has completed a continuous seven-day period in neonatal care up to a maximum of 12 weeks. The guidance provides key policy elements, which are: l entitlement is available where a child has stayed in neonatal care within 28 days following their birth and completed a stay of seven or more consecutive days
l a day one right for leave , subject to giving the required notice and having a parental or other personal relationship with and responsibility for the child l statutory pay will be available to parents who meet continuity of service and employment and earnings tests l rights apply to those who have responsibility for the upbringing of, or main caring responsibilities for, the child in neonatal care (caring test) l rights given to employees in England, Scotland and Wales l there are two tiers of leave, with differing rules and notice periods depending on the circumstance in which the right is exercised. For the eligibility test for leave (SNCL), the individual must: l have parental or other personal relationship with the child l be the child’s parent l be the partner of the child’s mother l be an intended parent of the child. Parents who will also meet the relationship test include: l the child’s adopter l the child’s adopter – where they adopted the child from overseas l the child’s prospective adopter l the partner of the child’s adopter or overseas adopter. Tier one Tier one is available when the child is receiving care in the neonatal unit and for the week after they have been discharged. Employees will have flexible notice requirements, allowing parents the ability to leave work at short notice to be with their child. It can be taken in an unlimited number of one week blocks up to the 12 weeks available. SNCL can be paused if another type of parental leave is already pre-booked to prevent an overlap occurring. The remaining entitlement of leave can then be taken at the end of the pre-booked leave, ensuring parents can take any tier one leave when it’s needed. Notice periods for tier one leave are somewhat flexible, with the guidance stating that employers must be notified before the employee was due to start work on the first day of absence, or
when “reasonably practicable” following admission into neonatal care.
Tier two Tier two includes any leave taken outside the tier one period. It’s available from the second week after being discharged up to 68 weeks following the birth. Any leave accrued must be taken in one block and there will be greater notice requirements. “Indications from the current guidance is that tier two leave is usually going to cover those on maternity leave. With the rules around maternity leave and when it needs to start, it’s difficult to imagine there will be many, if any, situations where an individual on maternity leave will fall into tier one” Indications from the current guidance is that tier two leave is usually going to cover those on maternity leave. With the rules around maternity leave and when it needs to start, it’s difficult to imagine there will be many, if any, situations where an individual on maternity leave will fall into tier one. Tier two will allow maternity to continue as planned with any neonatal leave accrued being added on to the end of the maternity leave period. Notice periods for tier two leave is slightly more rigid, with two weeks and one day notice for one week of leave and four weeks of notice for two to 12 weeks of leave. Notice of eligibility for pay is to be given 28 days following the start of leave, regardless of the tier of leave being used. Keep an eye on the News Online for further updates when the full policy is released. n
l this applies to each parent in their own right, so the 12 weeks is not a shared entitlement
“Parents are currently finding themselves having to choose between taking the short period of parental leave that they’re entitled to when the baby is having neonatal care or working through that period until the baby can go home”
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| Professional in Payroll, Pensions and Reward |
Issue 104 | October 2024
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