Parents who have a baby in neonatal care might be eligible for up to 12 weeks of neonatal care pay. Pay cannot be for less than a full week.
Entitlement to pay
To be eligible for neonatal care pay, parents must have 26 weeks of continuous service. The 26 weeks must be completed before the 'relevant week'. They must still be in employment in the week before neonatal care starts.
Parents must have earned at least £125 a week on average for 8 weeks before the relevant week.
Relevant week
The relevant week depends on any other pay a parent qualifies for.
If a parent is also taking statutory maternity or paternity pay, the relevant week is the 15th week before the week the baby is due.
For statutory adoption pay or paternity pay for adoption, the relevant week is when they are notified of being matched with the child.
For any other pay for family leave, the relevant week is the one immediately before the week that neonatal care starts.
Workers who are not eligible for leave
Someone with the legal status of worker who is not eligible for neonatal care leave may be eligible for neonatal care pay.
Someone is likely to be legally classed as a worker if most of these things apply:
- their work for the organisation is more casual, for example work is less structured or they do not have a regular working pattern
- they're usually required to personally do the work
- they're not offered regular or guaranteed hours by the employer
- they have very little obligation to make themselves available for work, but should do work they've agreed to
- they're not carrying out work for a client or customer of their own
If most of these do not apply, someone is more likely to be an employee or self-employed.
Workers who are not eligible for leave could be eligible for neonatal care pay. They should talk to their employer or agency about what they might be eligible for.
Telling the employer
Parents must provide employers with notice to receive neonatal care pay. When employees tell the employer depends on the tier of leave they are taking.
Tier 1
For tier 1 leave, pay notice must be given within 28 days starting with the first day that the neonatal care pay is being claimed.
This means parents do not have to give notice for pay at the same time they take leave. This might be helpful for parents who are not sure how long neonatal care will be for.
Parents might give notice for both pay and leave at the same time.
Tier 2
Giving notice for tier 2 pay depends on how long the pay is for.
Pay notice for 1 week's leave must be given at least 15 days before the first day.
Pay notice for 2 weeks or more of leave must be given at least 28 days before the first day.
What employees need to tell their employer
Employees must tell their employer:
- their name
- the date of the child's birth
- the date the child started to receive neonatal care, or each date if the child received neonatal care on 2 or more separate occasions
- the date that the care ended if the child is no longer receiving neonatal care
- if applicable, the date of the child's placement with the adopter or prospective adopter
- if applicable, the date of the child's entry into Great Britain to live with the overseas adopter
- if it is the first time they're requesting neonatal care leave, a declaration that the employee meets the parental relationship criteria
- that during the time the child was in neonatal care, they have cared for or intend to care for the child
Employers should make the process for requesting neonatal care pay clear in contracts or policies.
An employer can make a policy with less complicated requirements for notice.