The right to take statutory neonatal care leave (SNCL) will be a day one right for employees whose newborn baby, born on or after 6 April 2025, requires at least seven consecutive days of neonatal care within the first 28 days of their life.
Employees who have a parental relationship with the child receiving care, including birth parents, adoptive parents or intended parents via surrogacy, and partners of these individuals, will be entitled to up to 12 weeks of SNCL. The right to take SNCL is available regardless of length of service and it must be taken within 68 weeks of the child's birth. SNCL is in addition to other forms of statutory family leave, such as maternity or adoption leave.
SNCL is structured into two periods: Tier 1 and Tier 2. Tier 1 applies while the child is receiving neonatal care and for seven days after the care ends. Leave during this period must not be taken before the day after the first full week of neonatal care, meaning that the first week is not covered. Employees can take SNCL in non-consecutive weeks during Tier 1. Tier 2 applies to any remaining entitlement and must be taken in a single consecutive block. The maximum leave entitlement remains 12 weeks, even in cases of multiple births where more than one child requires neonatal care.
Employees must notify their employers if they intend to take SNCL. The notice requirements differ depending on when the leave is taken. For leave taken during a Tier 1 period, employees must notify their employer as soon as reasonably practicable, either orally or in writing. There is no minimum notice requirement. For Tier 2 periods, written notice must be provided at least 15 days before taking a single week of leave, or 28 days before taking multiple consecutive weeks. Employers and employees may mutually agree to waive these notice requirements where necessary.
Employees taking SNCL are protected from unfair dismissal and detriment. If an employee is made redundant during SNCL after six consecutive weeks of leave, the employer must offer a suitable alternative vacancy where possible. Employees returning to work after SNCL are entitled to return to the same job if they have taken SNCL in isolation or as part of statutory leave of 26 weeks or less. For longer absences, they must be offered a suitable alternative role if returning to the original job is not reasonably practicable.
From 6 April 2025, eligible employees will also be entitled to statutory neonatal care pay (SNCP) to provide financial support during their leave. The SNCP regulations apply to children born on or after this date.
To qualify for SNCP, employees must have a parental relationship with the child, mirroring SNCL eligibility, and must also have been continuously employed for at least 26 weeks before the relevant week. The relevant week differs based on the circumstances. For birth parents, it is the 14th week before the expected week of childbirth. For adoptive parents, it is the week in which they are matched with the child. For other cases, it is the week before the neonatal care starts. Additionally, employees must earn above the lower earnings limit for National Insurance contributions.
SNCP is paid at the same rate as statutory paternity pay or statutory shared parental pay. Employees can choose whether to take SNCP in single weeks or multiple non-consecutive weeks during Tier 1. In Tier 2, SNCP must be taken in a consecutive block. SNCP is not payable if the employee is receiving statutory sick pay (SSP), is in legal custody, or has died.
Best practice for employers
With these new statutory rights coming into force, employers should take proactive steps to ensure compliance and support for affected employees. Reviewing and updating family leave and pay policies is essential to reflect the new SNCL and SNCP entitlements. Employers should also ensure that HR teams and managers are trained on the eligibility criteria, notice requirements, and employment protections to handle leave requests appropriately.
Payroll systems should be reviewed to accommodate SNCP payments and verify compliance with the continuous employment and earnings criteria. Employers should also monitor any final regulatory updates ahead of April 2025 to ensure full alignment with statutory requirements. Providing clear guidance to employees on how to request neonatal leave and pay is crucial, particularly in understanding the Tier 1 and Tier 2 framework.
The introduction of SNCL and SNCP marks a significant step in supporting working parents with neonatal care responsibilities. By ensuring compliance and adopting best practices, employers can meet their legal obligations while fostering a supportive workplace culture.