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Telling an employer

3. Telling an employer

Any parent with the legal status of employee can ask for neonatal care leave. 

Someone is not likely to be an employee if they're:

  • an agency worker
  • a casual worker
  • on a zero-hours contract

People with the legal status of worker can still stop working to care for their child. They will need to tell the employer or the agency but won't need to provide the same information.

Who can tell the employer

When a baby needs care it can be upsetting and stressful for parents, especially in the first few weeks.

Employers should be flexible when employees are giving notice. They could allow for someone other than the employee to tell them, such as the employee's friend or family member.

When parents must give notice

When employees must give notice to the employer depends on the tier of leave they are taking:

  • tier 1 leave is for the period when the baby is still receiving care, including 1 week after the care has ended
  • tier 2 leave is for the period outside the time the baby is receiving care and before the end of 68 weeks from the date of birth

Tier 1

For tier 1 leave, employees need to tell their employer before they are due to start work on the first day of leave. This will be after the child has already had 7 consecutive days of neonatal care. 

Tier 1 leave notice does not have to be in writing.

For example, an employee's baby goes into care on 6 April. The employee should inform their employer before their first day of leave, which will be on 14 April.

Tier 2

For tier 2 leave, if employees are taking 1 week off, they need to tell their employer at least 15 days before the start date. This week would be after the child has already had 7 consecutive days of neonatal care.

If they are taking 2 or more weeks leave, the employee must tell the employer 28 days before the leave starts.

Tier 2 leave notice must be in writing. Some employers might allow employees to give notice without putting it in writing.

Employees should check contracts or policies when giving notice.

Tier 2 leave must be taken as consecutive weeks. This means the time off must be taken in one block and cannot be split.

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 

For tier 1 leave, employees can tell their employer this information in writing or verbally. If notice is given verbally, employers might want to confirm this in writing. For example, in a letter or email.

For tier 2 leave, notice must be given in writing.

Employers should make the process for requesting neonatal care leave clear in contracts or policies.

When parents can take leave

Neonatal care leave is in addition to other time off and pay. Parents must take leave before the end of 68 weeks from the date of birth.

Neonatal leave is in addition to other types of time off such as statutory:

  • maternity leave
  • paternity leave
  • adoption leave
  • shared parental leave

Employees are not able to take 2 types of leave at the same time.

For example, an employee has requested 2 weeks of paternity leave when their child is born. Their child is taken into neonatal care immediately. The employee can still take neonatal care leave, but it will be added to the end of the paternity leave.

If neonatal care leave interrupts other statutory leave 

If parents take tier 1 leave which interrupts another statutory leave the neonatal care leave will end straight away. The neonatal leave which has not been taken will be added to the end of the leave it interrupted. This will only be if it's still in the tier 1 period.

If the baby has not been receiving care for a week or more at the end of the interrupted leave, the leave period is now in tier 2. Any remaining neonatal care leave plus the interrupted leave must be taken together.

If notice has been given for tier 1 leave, no extra notice is needed for the remaining amount that will be used as tier 2. Employees must avoid giving notice to take neonatal leave if they already know they have other leave booked.