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Neonatal Care Leave Policy

Statement of Policy and Purpose of Policy

1.  (the Employer) recognises and respects that sometimes working parents will need extra time away from work to support  recently born children in receipt of medical or palliative care. This Policy helps  to uphold its employees’ statutory right to take leave, in certain circumstances, in relation to Neonatal Care.
2. No employee will be subjected to detriment for exercising their right to take leave in accordance with this Policy or for seeking to do so.
3. The purpose of this Policy is to ensure that employees and managers are clear about entitlements to Neonatal Care Leave ('NCL') and Neonatal Care Pay ('NCP'), the process that should be followed for arranging NCL, and the terms that apply during and after NCL.
4. This Policy is intended to summarise your statutory rights. If there are any contradictions between any section of this Policy and UK law on Neonatal Care leave and pay at any given time, this Policy shall be deemed to be amended as is necessary to comply with the law, and the Employer will act in accordance with the current law.
5. This Policy does not form part of any contract of employment or similar, and  may amend it at any time at our absolute discretion. 

Definitions

1. This Policy applies to neonatal care provided in accordance with the statutory right to neonatal care provided for by The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 ('Neonatal Care'). These regulations define Neonatal Care as care that starts within the first 28 days of a child's birth and which is:
   1. Palliative or end-of-life care; or
   2. Medical care that is received:
      1. In a hospital (including maternity homes); or
      2. In any other place, if the care:
         1. Is received by the child after they leave a hospital in which they were an inpatient;
         2. Is received under direction from a qualifying consultant; and
         3. Includes visits and ongoing monitoring by healthcare professionals that is organised by the hospital in which the child was an inpatient.
2. In this Policy, we will use the following definitions:
   1. 'Neonatal Care Leave (NCL)': Statutory leave that is taken by a Parent in relation to supporting a child who is undergoing or has undergone Neonatal Care.
   2. 'Neonatal Care Pay (NCP)': Statutory minimum payments that eligible Parents who are taking or have taken NCL are entitled to receive.
   3. 'Parent': Individuals inclusive of a child’s: 
      1. Biological parent.
      2. Intended parent (as defined in relation to surrogacy or adoption situations).
      3. Mother’s, adopter’s or prospective adopter’s partner who has or expects to have main responsibility (alongside the mother) for the child’s upbringing.
   4. 'Relevant Employment Week': The week that signifies the end of the employment period that qualifies an employee to receive NCP. This will be:
      1. 15 weeks prior to the expected week of childbirth, for those entitled to statutory maternity or paternity pay;
      2. The week they or the adopter are notified of an adoption match, for those entitled to statutory adoption pay; or
      3. A week before the Neonatal Care begins, in all other cases.
   5. 'Tier 1 Period': The period during which the child is receiving Neonatal Care. This period begins the day Neonatal Care starts and ends with the seventh day after the care is finished.
   6. 'Tier 2 Period': The period that starts after the Tier 1 Period is complete and ends on the completion of 68 weeks following the child’s birth.
3. In this Policy, all references to NCL and NCP relate to statutory NCL and statutory NCP unless stated otherwise.

The Right to Neonatal Care Leave

1. To be eligible for NCL, you must:

   1. Be an employee (i.e. have the legal employment status of ‘employee’, rather than being considered a contractor, consultant, worker, or similar);

   2. Be taking the leave to care for a child receiving or having received Neonatal Care where this care has lasted for at least one continuous 7-day period (i.e. 7 days without interruption) starting the day after the care begins and starting within the first 28 days following the child’s birth;

   3. Be related to the child receiving Neonatal Care as a Parent at the relevant of the child’s birth date, the date the child was placed for adoption, or the date the child entered Great Britain (for overseas adoption purposes); 

   4. Be responsible or expected to be responsible for the child’s upbringing; and

   5. Comply with the notice requirements set out below.

2. The entitlement to NCL only applies to children born on or after 6 April 2025.

How Much NCL Can Be Taken?

1. Eligible employees are entitled to take one week of NCL for every week that their child receives Neonatal Care.
2. The statutory entitlement for NCL is capped at a maximum of 12 weeks.
3. If you are a Parent to multiple children and more than one child is receiving Neonatal Care under this Policy, subject to the 12-week maximum you can take NCL:
   1. Only in relation to one child, where the children are receiving Neonatal Care at the same time, (as it is expected you will care for them together); or
   2. In respect of each child, where the children are receiving Neonatal Care at separate times.
4. The Employer may allow for an extension of the statutory NCL period in extreme circumstances. This will be determined by the Employer on a case by case basis. Alternatively, other types of leave (e.g. compassionate leave or unpaid parental leave) may be available to take following NCL. If you need to discuss an extension to your NCL and other types of leave available, contact. You can contact them via email at .

When Can NCL Be Taken?

1. Eligible employees must take their NCL by the end of the 68-week period following the child’s birth, adoption placement, or entry to Great Britain for adoption purposes.
2. If your employment contract provides for a similar entitlement to NCL, these rights can not be exercised simultaneously.
3. There may be circumstances where employees have alternative statutory leave (e.g. maternity, paternity, parental, shared parental, adoption, or parental bereavement leave) booked within the 68-week period available for NCL. In these circumstances, the alternative statutory leave that has been booked will interrupt any NCL taking place when that alternative leave begins. The NCL is considered either to have ended or paused until it can be resumed after the interruption.
   1. Where the alternative statutory leave interrupts your NCL during the Tier 1 Period and ends:
      1. Within the Tier 1 Period, you may carry over the remaining NCL period to complete once the alternative statutory leave ends.
      2. Within the Tier 2 Period, you may carry over the remaining NCL period to complete once the alternative statutory leave ends, and it must be taken consecutively with any further NCL taken in the Tier 2 Period.
   2. Where the alternative statutory leave interrupts your NCL during the Tier 2 Period, and you know this interruption will take place when submitting your NCL notice, you will not be entitled to NCL in the Tier 2 Period.

Notice Requirements for Taking NCL

1. If you intend to take NCL, you must give your notice of intention to take NCL to the Employer by stating:
   1. Your name;
   2. Your child’s date of birth, adoption placement date, or (for overseas adoptions) date of entry into Great Britain;
   3. The start date of Neonatal Care (or start dates of each occasion where your child has received Neonatal Care, if they have received it on multiple occasions);
   4. If your child has stopped receiving Neonatal Care, the end date of Neonatal Care (or all end dates, where your child has received Neonatal Care on multiple occasions);
   5. The date you intend for your NCL to begin;
   6. The number of weeks of NCL you intend to take;
   7. That you are taking NCL to take care of your child; and
   8. Where this is the first time you are providing notice in relation to this child, confirmation that your relationship to your child meets the eligibility requirements for taking NCL.
2. If you intend to take NCL during the Tier 1 Period, you must provide separate notice in relation to each week of NCL you intend to take. Each notice must be given:
   1. Before the start of your work day on the first day you intend to be absent on NCL that week; or
   2. If this is not reasonably practicable, whenever it is reasonably practicable to provide notice.
3. When providing notice of your intention to take NCL during the Tier 1 Period, we ask that you make your request in writing, although your request will still be valid if you do not.
4. Where your child has stopped receiving Neonatal Care after you have provided notice for the Tier 1 Period, you must inform us of the date the Neonatal Care ended as soon as reasonably practicable after that date.
5. Where your child starts receiving Neonatal Care again after you have informed us that it had previously ended, you must inform us of the date the Neonatal Care starts again and the date on which it subsequently ends as soon as reasonably practicable after each relevant date.
6. If you intend to take NCL during the Tier 2 Period, you must provide notice of your intention to take NCL in writing. Notice must be given at least:
   1. 15 days before the first day of the relevant NCL period, where you are providing notice for a single week of NCL; or
   2. 28 days before the first day of the relevant NCL period, where you are providing notice for two or more consecutive weeks of NCL.
7. If you intended to withdraw your notice of intention to take NCL during the Tier 2 Period, you must provide notice of your withdrawal in writing no later than:
   1. 15 days before the start of the relevant NCL period, when original notice was provided for a single week of NCL; or
   2. 28 days before the start of the relevant NCL period, when the original notice was provided for two or more consecutive weeks of NCL. 
8. In all cases, we would encourage you to give as much notice as possible of your wish to take NCL in writing, as this will help us plan ahead for your absence and handle administration effectively.  
9. We may agree to waive the notice requirements. Where this has occurred, you will be treated as having satisfied the statutory notice requirements and your NCL will begin on a date agreed upon between you and the Employer. If meeting the notice requirements is impracticable in your situation, contact to discuss waiving the notice requirements for your NCL.

Rights and Obligations During NCL

1. Whilst you are on NCL, all terms of your employment contract remain in effect except for terms relating to pay, which are suspended. This means that, among other things, you must continue to comply with any terms about notice, confidentiality, and outside work. Benefits in kind shall continue, and you will continue to accrue holiday. 
2. The effect of your NCL on your pension arrangements depends on the type of scheme in which you are participating and the terms of your participation. For further information on this, speak to. 
3. Although we will respect your absence during your NCL, we may need to contact you from time to time. In particular, we will make contact shortly before your NCL ends to arrange a discussion with you about your return to work including any training needs, proposed changes to your working arrangements, and/or just to update you on developments in your absence. If you have any concerns regarding this, you should speak with.

Eligibility for NCP

1. Employees eligible for NCL are not automatically entitled to NCP. If you are eligible for NCL but not entitled to NCP, you will not be paid for periods of NCL taken unless it is agreed otherwise with the Employer.
2. To be eligible for NCP, you must:
   1. Have been gainfully employed by the Employer either under a contract of service or in an office (e.g. elected office) with earnings, for a continuous period of at least 26 weeks ending with the Relevant Employment Week;
   2. Continue to be entitled to employment under the Employer after the Relevant Employment Week;
   3. Have been earning no less than the lower earnings limit (set annually by the government) for at least eight weeks before the end of the Relevant Employment Week;
   4. Be related to the child receiving Neonatal Care as a Parent from either the child’s birth date, the date the child was placed for adoption, or (for overseas adoptions) the date the child entered Great Britain, as relevant; and 
   5. Be taking care of (or intend to take care of) that child during the week that NCL is granted for.

NCP Entitlement

1. Eligible employees are entitled to one week of NCP for every week for NCL taken, subject to the statutory cap of 12 weeks' NCP. This starts the day after the NCL period begins.
2.  NCP at a weekly rate that is the lesser of either:
   1. The statutory rate of pay for NCP as set by the government each year; or
   2. 90% of your normal weekly earnings.
3. Your normal weekly earnings are calculated as the average weekly earnings you have received in the eight-week period ending with the Relevant Employment Week rounded to the nearest penny.
4. We provide an enhanced entitlement to neonatal care pay to employees. We will top up payments during so that you receive, inclusive of statutory NCP, your normal rate of pay over that same period.

Giving Notice to Claim NCP

1. If you intend to claim NCP, you must provide us with notice that evidences your right to receive NCP, by stating:
   1. Your name;
   2. Your child’s date of birth, adoption placement date, or (for overseas adoptions) date of entry into Great Britain;
   3. The start date of Neonatal Care (or start dates of each occasion where your child has received Neonatal Care, if they have received it on multiple occasions);
   4. If your child has stopped receiving Neonatal Care, the end date of neonatal care (or all end dates, where your child has received Neonatal Care on multiple occasions);
   5. The dates for which you intend to claim NCP;
   6. That you have taken or are taking care of your child during the period in which NCP will be paid for; and
   7. Where this is the first time you are providing notice in relation to this child, confirmation that your relationship to your child meets the eligibility requirements for NCP.
2. You must provide us with the following parts of your notice in writing:
   1. The evidence of your right to claim NCP; and
   2. If we request it, the dates for which you intend to claim NCP.
3. When you must submit your notice will depend on when you plan to claim for NCP:
   1. If you intend to claim NCP for a week of NCL that begins in the Tier 1 Period, you must submit your notice within 28 days of the first day of the week your notice relates to.
   2. If you intend to claim NCP for a week of NCL that begins in the Tier 2 Period, you must submit your notice at least 15 days before the first day of the week your notice relates to.
   3. If you intend to claim NCP for two or more consecutive weeks of NCL that begin in the Tier 2 Period, you must submit your notice at least 28 days before the first day of the week your notice relates to.
4. If you have provided us with your notice to claim NCP whilst your child is still receiving Neonatal Care, you must inform us of the date the Neonatal Care ends as soon as reasonably practicable after that date.
5. If you are unable to provide notice of your intention to claim NCP in accordance with the clauses above, you must provide us with notice as soon as reasonably practicable.
6. You may include notice of your NCP dates together with your notice for NCL in writing, if appropriate, or separately.
7. You cannot withdraw a notice to claim NCP if it relates to a week of NCL that begins in the Tier 1 Period.
8. If you intend to withdraw your notice to claim NCP for a period of NCL that begins during the Tier 2 Period, you must provide us with notice of your withdrawal in writing no later than:
   1. 15 days before the start of the relevant NCL period, where the original notice to claim for NCP was for a single week for NCL; or
   2. 28 days before the start of the relevant NCL period, where the original notice to claim for NCP was for two or more consecutive weeks of NCL.
9. We may agree to waive the notice requirements. Where this has occurred, you will be treated as having satisfied the statutory notice requirements. If meeting the notice requirements is impracticable in your situation, contact to discuss waiving the notice requirements for your NCP.

Returning to Work

1. After your NCL, your return to work will be dependent on whether you, as an employee, have an absolute or qualified right to return.
2. If you have an absolute right to return to work, you will return to work in the same job and on the same terms as if you had not been absent.
3. You will be entitled to the absolute right to return to work after NCL, unless:
   1. Any statutory leave you have taken in combination with your NCL in relation to your child amounts to more than 26 weeks; or
   2. You took your NCL in combination with more than four weeks of parental leave.
4. If you are not entitled to the absolute right to return to work after NCL, you will be entitled to the qualified right to return. This means that you may return to work in the same job and on the same terms as before your absence but, if it is not reasonably practicable for you to return to the same job, we may offer you another suitable role on terms and conditions that are not less favourable than those that applied before your leave.
5. If you want to change your hours or other working arrangements on return from NCL to enable you to care for your child on an ongoing basis, you should make a request. It is helpful if such requests are made as early as possible. 

Data Protection

1. The Employer processes personal data collected when managing employees' Neonatal Care leave and pay in accordance with our usual data protection practices and procedures.
2. In particular, data collected as part of the NCL procedure, and data collected from the point at which an employee informs the Employer that they plan to take NCL, is held securely and accessed by and disclosed to, individuals only for the purposes of responding to NCL and NCP requests and managing Neonatal Care leave and pay.
3. Inappropriate access or disclosure of employee data constitutes a data breach and should be reported immediately and in accordance with the Employer's data protection policies and procedures. 

1. This Neonatal Care Leave Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).