Neonatal Care Leave & Pay
Cybill Watkins
Group Product Legislation Manager @ Zellis Group, which includes Zellis, Moorepay and Benefex. A payroll geek with an obsession for payroll laws and legislations! I’m also a advocate of neurodiversity in payroll & HR.
The Statutory Neonatal Care Leave and Pay (SNCL&P) policy is a significant addition to the parental leave entitlements. It recognises the unique challenges faced by parents of children who require neonatal care after birth. The policy allows for one week of SNCL&P for each week the child is in neonatal care, up to a maximum of 12 weeks. This entitlement is available separately to each parent, ensuring that both can provide care without compromising on their leave benefits.
Eligibility for SNCL&P is contingent upon the child having spent at least seven continuous days in neonatal care within the first 28 days post-birth. Parents can avail of this leave after the child completes their neonatal stay. Importantly, this leave is accessible from the first day of employment, provided the parent gives the required notice and has a recognised parental or personal relationship with the child.
The policy is structured in two tiers to offer flexibility and accommodate the varying needs of parents during this critical period. Tier One allows for more flexible leave arrangements immediately after the child's neonatal care and the following week, with minimal notice requirements. Tier Two, which extends from the second week after the child's release up to 68 weeks post-birth, requires more notice and must be taken in a single block.
This policy is a testament to the evolving understanding of the needs of working parents and the importance of supporting them through the early stages of parenthood, especially under circumstances that require neonatal care. It underscores the commitment to providing parents with the time and resources needed to care for their new-born's during a crucial phase of their lives.
Statutory Neonatal Care Leave (SNCL) is a provision that allows parents to take time off work to care for their child who is receiving neonatal care.
Tier One – Leave
? Parents must notify their employer of their intention to take SNCL either before their scheduled start of work on the first day of absence or as soon as reasonably practicable after the child has been in neonatal care for seven continuous days.
? The notice should include the date of the child’s admission to neonatal care.
? Parents are required to give weekly notice to continue SNCL until the end of the leave period or the child’s discharge from neonatal care, whichever is sooner, not exceeding 12 weeks.
? Employers must be informed of the parent's intention to remain on SNCL for the upcoming week before the end of the current week.
? The frequency of notice may be agreed between the employer and the employee, especially if the child is expected to stay in neonatal care for an extended period.
Tier One – Pay
To be eligible for Statutory Neonatal Care Pay (SNCP), parents must provide notice within 28 days of starting their leave.
Tier Two – Leave
A parent who wants to take one week of SNCL will need to give notice two weeks and one day in advance. This will be capped at a maximum of four weeks so a parent taking two or more weeks of leave will only be required to give four weeks’ notice prior to taking their leave.
Tier Two – Pay
The requirements for notifying the employer are the same as those for leave.
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The document shared with payroll developers also has the following information:
Definition of Neonatal Care
If the child receives any of the following types of care, they are considered to have been in neonatal care:
? Medical care in a hospital;
? Palliative or end-of-live care
? Outreach care, which meets the following conditions:
o the care is provided under the direction of a consultant doctor; and
o the care includes ongoing monitoring by, and visits to the child from, healthcare professionals arranged by the hospital.
Special circumstances – Eligibility for the entitlement
If the child dies If a child dies following an eligible stay in neonatal care, the parent would be allowed to take any accrued SNCL&P within 68 weeks of the child’s birth, in a similar way to parents whose child did not die.
If the adoption is disrupted Where an adoption is disrupted following the prospective adoptive parents caring for the child in neonatal care, parents would be allowed to take any accrued SNCL&P within 68 weeks of the child’s birth.
Multiple births or multiple admissions
The maximum entitlement to 12 weeks of SNCL&P will not increase if a parent has multiple births.
In the case of multiple births or multiple admissions, eligibility for SNCL&P will only be triggered if any (or all) of the babies each spend seven or more continuous days in care. If there is an overlap in admission between two or more of the babies, any overlap of seven or more days will trigger an entitlement which will be attributed to one of the children and not to all of them separately.
These guidelines ensure that parents can hopefully utilise the Maternity Leave to have valuable time with the child, and not lose time from Maternity Leave while providing necessary care for their new-born's during a critical period. It's important for employers and employees to communicate effectively to facilitate the smooth application of SNCL and SNCP.
I look forward to more detailed guidance as there are still many questions that are not answered through this release