Neonatal Care Leave & Pay Policy - April 2025

2. Scope

This policy and procedure cover all employees including centrally employed teachers but excludes staff on the complement of locally managed schools for whom a separate policy applies. In the absence of a policy agreed locally by individual schools, as this is a statutory right, the principles of this policy should be followed.

3. What is Neonatal Care?

Neonatal care leave is designed to assist new parents of babies who are admitted into neonatal care.

In this policy, neonatal care means:

•    medical care that your child receives in a hospital.

•    medical care that your child receives in any other place providing:

• your child was previously admitted to a hospital as an inpatient and needs continuing care after leaving the hospital.
• the care is under the direction of a consultant; and
• the care involves ongoing monitoring and visits from healthcare professionals arranged by the hospital where your child was an inpatient; or

•    palliative or end-of-life care.

4. Eligibility for Neonatal Care Leave

Whatever your length of service, you have a statutory right to take neonatal care leave if at the date of the child's birth:

•    you are the child's parent and have responsibility for the upbringing of the child; or

•    you are the partner of the child's mother and have main responsibility for the upbringing of the child (apart from the mother).

In this policy, partner includes someone, of whatever sex, who lives with the mother or the child in an enduring family relationship but who is not the mother's child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew.

For adoptions within the UK, you are entitled to neonatal care leave if at the date the child is placed for adoption:

•    you are the child's adopter and have or expect to have responsibility for the upbringing of the child.

•    you are the child's prospective adopter (in a "foster to adopt" arrangement) and have or expect to have responsibility for the upbringing of the child; or

•    you are the partner of the child's adopter or prospective adopter and have main responsibility for the upbringing of the child (apart from your partner).

For adoptions from overseas, you are entitled to neonatal care leave if at the date the child enters Great Britain:

•    you are the child's overseas adopter and have or expect to have responsibility for the upbringing of the child; or

•    you are the partner of the child's overseas adopter and have main responsibility for the upbringing of the child (apart from your partner).

If you are having a child through a surrogacy arrangement, you are entitled to neonatal care leave if at the date of the child's birth:

•    you have applied or intend to apply for a parental order within a period of six months.

•    you expect the parental order to be granted; and

•    you have or expect to have responsibility for the upbringing of the child.

Additionally, the following conditions must be satisfied:

•    your child was born on or after 6 April 2025.

•    your child started receiving neonatal care within 28 days after the date on which they were born (the 28 days are counted from the day after the child is born).

•    the neonatal care has lasted seven days or longer without interruption (the seven days are counted from the day after the neonatal care started).

•    you are taking the leave to care for your child; and

•    you have complied with the relevant notice and declaration requirements set out in this policy.

5. Amount and Timing of Leave

Amount of neonatal care leave you can take

The amount of neonatal care leave that you can take is one week for every week your child has spent in neonatal care without interruption.  A week is defined as a period of seven days starting from the day after the neonatal care began.

In cases specifically related to adoption, your entitlement begins either after the child has been placed for adoption (for adoptions within the UK) or after the child has entered Great Britain (for adoptions from overseas). 

The maximum number of weeks that you can take as neonatal care leave is capped at 12 weeks.

Any neonatal care leave must be taken in blocks of at least one week.

You can take only up to 12 weeks' neonatal care leave, even if multiple children from the same pregnancy require neonatal care.

Timing of neonatal care leave

You can start your leave on any day after your child has received seven days of uninterrupted neonatal care.

The seven days are counted from the day after the neonatal care started. For example, if your child's started receiving neonatal care on 7 April, the seven-day count begins on 8 April. This means that you can start your neonatal care leave on any day from 15 April.

Any neonatal care leave must end within 68 weeks of your child's date of birth.

The right to neonatal care leave is in addition to any other statutory leave that you may be entitled to, such as maternity, adoption, paternity, ordinary parental, parental bereavement or shared parental leave

How neonatal care leave may be taken

Neonatal care leave is available to take in two tiers:

•    The "tier 1 period" begins when your child starts receiving neonatal care and ends on the seventh day after your child is discharged. If you take neonatal care leave in the tier 1 period, you can take it in one continuous block or a number of non-continuous blocks of a minimum of one week at a time.

•    The "tier 2 period" is any remaining period (within 68 weeks after your child's date of birth) that is not part of the tier 1 period. if you take neonatal care leave during the tier 2 period, you must take the leave in one continuous block.

You should be aware that the relevant notice requirements differ depending on whether you take your leave in the tier 1 or tier 2 period (see below).

6. Notice Requirements

Notice during the tier 1 period 

For each week of neonatal care leave that you wish to take in tier 1, you should notify your line manager and the Absence Team preferably before your first day of absence in that week. However, we understand that this is likely to be a challenging time for you, so please give notice as soon as is reasonably practicable for you to do so.

You are also required to give notice of your intention and entitlement to take neonatal care leave using our Neonatal Care Leave application form (to be completed). This form contains a declaration that will need to be signed by you.

There is no expectation on you to complete this form straightaway while your child is receiving neonatal care. However, we do request that the form is sent to us within 28 days of the first day of your neonatal care leave, or if this is not possible, as soon as it is reasonably practicable.  

Notice during the tier 2 period

If you wish to take neonatal care leave in the Tier 2 period, you will need to give notice in writing of your intention and entitlement to take neonatal care leave using our Neonatal Care Leave application form (to be completed). This form contains a declaration that will need to be signed by you.

If you are taking a single week of neonatal care leave, your notice should be received by us at least 15 days before the first date that you have chosen for your leave to start, or if this is not possible, as soon as it is reasonably practicable.

If you are taking two or more consecutive weeks of neonatal care leave, your notice should be received by us at least 28 days before the first date that you have chosen for your leave to start, or if this is not possible, as soon as it is reasonably practicable.

7. Eligibility for Enhanced Neonatal Care Pay (NCP)

You will continue to be paid your normal rate of pay while taking neonatal care leave provided:

•    you are entitled to take neonatal care leave.

•    you have at least 26 weeks' continuous employment with us at the end of the relevant week.

•    you remain in continuous employment from the end of the relevant week (or from the child's birth if they were born before the relevant week).

•    your average weekly earnings are not less than the lower earnings limit for national insurance contributions.

•    you have complied with the relevant notice and evidential requirements and are able to provide the declarations as set out in this policy; and

•    you have confirmed when you wish to start receiving statutory neonatal care pay within your Neonatal Care Leave application form.

Payment of enhanced neonatal care pay includes any entitlement to statutory neonatal care pay that may be due to you for the same period.

8. Starting your Neonatal Care Leave

Your neonatal care leave will start on the date that is specified in your notice.

Alternatively, if you give notice on the same day that you want to begin your leave and you are already in work on that day, your neonatal care leave will start on the following day.

If we have agreed to waive the notice requirements, your neonatal care leave will begin on a day that is mutually agreed between us.

9. Changing your Neonatal Care Leave plans

If you have submitted a notice of intention and entitlement to take neonatal care leave during the tier 2 period but wish to cancel your leave, you must inform [your line manager/the Absence Team using our Neonatal Care Leave cancellation form.

If you intended to take a single week of neonatal care leave, you must submit this form at least 15 days before the first date that you had chosen for your leave to start.

If you intended to take two or more consecutive weeks, you must submit this form at least 28 days before the first date that you had chosen for your leave to start.

Late notice

We understand that having a child in neonatal care is an incredibly difficult time for parents. Please be assured that if it is not possible for you to meet the timeframes for giving or withdrawing notice as set out in this policy, we will accept later notice than this and, in some cases, we may waive the requirement for you to give notice altogether.

Changes affecting your entitlement to neonatal care leave and pay

You must keep your line manager/the Absence Team informed about the date that your child's neonatal care ends as soon as reasonably practicable after the care has ended.

If your child starts receiving neonatal care again, after you have informed us that the care has ended, you must keep your line manager/the Absence Team informed of the new start and end dates.

If you suffer a bereavement 
 
Employees who have accrued entitlement to neonatal care leave can still take the neonatal care leave that they have accrued if their child passes away.

If you have suffered a bereavement, please contact your Line Manager/the Absence Team so that we can discuss other support that we may be able to offer you.

10. Your Rights During Neonatal Care Leave

During neonatal care leave, all the terms and conditions of your contract except normal pay will continue. Your pay will be replaced with enhanced neonatal care pay if you are eligible for it. However, other benefits such as holiday entitlement will continue to accrue and pension contributions will continue as set out below.

Holiday entitlement

You will continue to accrue your holiday entitlement during your neonatal care leave.

Any holiday entitlement that has not been taken because of neonatal care leave can be carried over into the next holiday year.

Pension contributions

We will continue to make pension contributions based on your normal pay during any period of paid neonatal care leave. The contributions that you make will be based on the actual pay that you receive during your neonatal care leave.

The organisation's pension contributions will cease during any period of unpaid neonatal care leave.

Contact during neonatal care leave

We reserve the right to maintain reasonable contact with you during your neonatal care leave. This may be to discuss your plans for taking leave, to discuss any special arrangements to ease your time away from work, or to update you on developments at work during your absence.

11. Other Statutory Leave

You are entitled to take neonatal care leave in addition to any other statutory leave that you may be entitled to, including maternity, adoption, paternity, ordinary parental, parental bereavement and shared parental leave.

If you have already started a period of statutory leave, but subsequently become eligible for neonatal care leave, you can take your neonatal care leave after completing the other statutory leave, provided that your neonatal care leave is taken within 68 weeks of your child's birth date.

If you have already started a period of neonatal care leave during the tier 1 period but need to begin another type of statutory leave, your neonatal care leave will be temporarily paused immediately before the other statutory leave begins. You can then resume the remaining weeks of your neonatal care leave in one of two ways:

•    if you are still within the tier 1 period - immediately after the end of the other period of statutory leave; or

•    if you have transitioned into the tier 2 period - immediately after any other neonatal care leave taken during the tier 2 period.

You cannot take neonatal care leave in the tier 2 period if, at the time of giving notice, you are aware that the leave will overlap with another type of statutory leave.

12. Ensuring Equality of Treatment

All employees are required to adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity Policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity and gender expression, sexual orientation, pregnancy or maternity, marital or civil partnership status.

In addition, the Welsh Language Standards ask us to ‘ensure that the Welsh language is treated no less favorably than the English language’ and this principle should be adopted in the application of this principle.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the HR Team who will, if necessary, ensure the policy/procedure is reviewed accordingly.

If you require this publication in an alternative format, please contact People Management by emailing CHR@carmarthenshire.gov.uk