3 Jun 2025
The introduction of new laws mark a significant step in supporting working parents with neonatal care responsibilities, so Mark Stevens – a legal director at VWV – explains how employers can meet their legal obligations while fostering a supportive workplace culture
Mark Stevens
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The Government’s focus on rights of parents and families at work are demonstrated by new rights being proposed in the Employment Rights Bill that is currently wending its way through parliament.
Another new piece of legislation came into force on 6 April 2025: the right to take statutory neonatal care leave and pay. The entitlements will support parents of newborns needing prolonged medical care.
The right to take statutory neonatal care leave (SNCL) is 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 one and tier two.
Tier one begins while an employee’s child is receiving neonatal care, or within seven days of them ceasing to receive neonatal care. Employees can take SNCL in non-consecutive weeks during tier one. Tier two applies to any remaining entitlement and must be taken in a single consecutive block. The maximum leave entitlement is 12 weeks, even in cases of multiple births where more than one child requires neonatal care.
Employees must inform 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 one period, employees must notify their employer as soon as reasonably practicable, either orally or in writing. No minimum notice requirement exists.
For tier two 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 for taking that leave. Where it is not practicable by reason of redundancy for an employer to continue to employ an employee under their existing contract of employment during a period of SNCL or the additional protected period, the employee is entitled to be offered a suitable alternative vacancy with the employer.
The additional protection period is the day after the employee has taken six consecutive weeks of SNCL and immediately before the relevant day. The relevant day is the day after a period of 18 months beginning on the day on which the child was born or placed for adoption.
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 more than 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 one. In tier two, SNCP must be taken in a consecutive block. SNCP is not payable if the employee is receiving statutory sick pay, is in legal custody or has died.
With these new statutory rights now in force, employers should be taking 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 their managers are trained on the eligibility criteria, notice requirements, and employment protections to handle leave requests appropriately.
Similarly, payroll systems should be reviewed to accommodate SNCP payments and verify compliance with the continuous employment and earnings criteria.
Providing clear guidance to employees on how to request neonatal leave and pay is crucial, as is keeping them in the loop as to how the rules are being implemented. It will also in help them understand the tier one and tier two frameworks.
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.
