Statutory Neonatal Care Pay and Leave: employer guide
Notice period
Employees must give notice for:
- Neonatal Care Leave
- Statutory Neonatal Care Pay
If they’re eligible, they should give you notice for pay and leave at the same time.
Neonatal Care Leave
The rules for giving notice depend on whether the employee is taking the leave:
- while the baby is in neonatal care, or in the first week after (this is sometimes called ‘tier 1’)
- more than a week after the baby has left neonatal care (this is sometimes called ‘tier 2’)
Employees should give notice for leave in writing, for example by email or letter. However, if the baby is in neonatal care (or in the first week after), they can give notice by phone, voicemail or text message instead.
You can agree with your employee to waive the requirement to give notice for leave.
If the baby is in neonatal care (or in the first week after)
Employees should give you notice that they’re taking leave as soon as possible, and ideally before the time they usually start work.
If they need leave to continue, they should give notice again by the end of the previous week.
You can agree to a different frequency of notice with your employee - for example if the baby is likely to remain in neonatal care for a long time.
They should also tell you when the baby leaves neonatal care as soon as possible.
If the baby left neonatal care more than a week ago
An employee who wants to take:
- one week of leave, must give 15 days’ notice
- 2 or more weeks of leave, must give at least 28 days’ notice
Statutory Neonatal Care Pay
Employees must give notice for Statutory Neonatal Care Pay in writing - for example, an email or letter.
If the baby is in neonatal care (or in the first week after)
Employees must give notice for pay within 28 days of the start of their leave.
If the baby left neonatal care more than a week ago
Employees who want to take:
- one week of Neonatal Care Pay, must give 15 days’ notice
- 2 or more weeks of pay, must give at least 28 days’ notice
What employees need to tell you
Employees should tell you:
- their name
- the baby’s date of birth and, if adopted, the date they were placed with them (or the date the baby entered Great Britain if adopted from overseas)
- the start and end date of the baby’s neonatal care
- when they want their neonatal care leave to begin
- how many weeks of leave they are taking
In the case of multiple births, they should provide this information for each child.
They must also confirm that they:
- are taking the leave and pay to care for the child
- have parental responsibility for the child, if this is the first time they are giving notice for Neonatal Care Pay and Leave
Cancelling leave and pay
Cancelling Neonatal Care Leave
Employees cannot cancel notice for leave if the baby is in neonatal care (or in the first week after).
If it’s more than a week since the baby left neonatal care, an employee can cancel leave by giving written notice:
- for one week of leave - at least 15 days before the leave was due to start
- for 2 or more weeks of leave - at least 28 days before the leave was due to start
Cancelling Statutory Neonatal Care Pay
Employees cannot cancel notice for pay if the baby is in neonatal care (or in the first week after).
If it’s more than a week since the baby left neonatal care, an employee can cancel pay by giving written notice:
- for one week of pay - at least 15 days before the pay period was due to start
- for 2 or more weeks of pay - at least 28 days before the pay period was due to start
Telling an employee they’re not eligible
If you think an employee is not eligible for Statutory Neonatal Care Pay, you must tell them within 28 days of getting notice for pay.
You can do this by writing to the employee or using form NEO1 from HM Revenue and Customs (HMRC).
You need to include the:
- employee’s name, address and National Insurance number
- start date for the claim period they were not eligible for, and the end date (if there is one)
- reason the employee was not eligible (for example, their baby did not spend at least 7 days in a row in neonatal care)
- details of the person responsible for dealing with their claim
If the employee disagrees with your decision
Your employee should first contact you to discuss the decision.
If they still disagree, they can contact the Statutory Payments Dispute Team. They must do this within 6 months of the date of the decision.