Neonatal Policy

Adopted: 1 October 2025 (Minute FPC155/25)  |  Review: 2028

What is Neonatal Care?

Babies may receive neonatal care because they are born prematurely (before 37 weeks), have low birth weight, present a medical condition requiring treatment, or experience a difficult birth.

Definitions

For this policy, “neonatal care” includes:

• Medical care a child receives in a hospital; or
• Medical care a child receives elsewhere where the child was previously an inpatient and needs continuing care under a consultant, involving ongoing monitoring/visits arranged by the discharging hospital; or
• Palliative or end-of-life care.

“Partner of the child” can include someone (of any sex) who lives with the mother or child in an enduring family relationship but who is not the mother’s child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew.

To Whom This Policy Applies

This policy applies to employees of St Stephen in Brannel Parish Council. It does not apply to workers, contractors, consultants or self-employed individuals.

Neonatal Care Leave (NCL) — Entitlement (Birth)

Day-one statutory right to take NCL if, at the date of the child’s birth, the employee is:

• The child’s parent with responsibility for upbringing; or
• The intended parent; or
• The partner of the child’s mother with main responsibility for upbringing (apart from the mother).

Additionally, all of the following must be satisfied:

• Child born on or after 6 April 2025;
• Neonatal care started within 28 days of birth;
• Neonatal care lasted 7 days or longer without interruption;
• Leave is taken to care for the child; and
• Notice and declaration requirements are met.

Neonatal Care Leave (NCL) — Entitlement (Adoption / Overseas Adoption / Surrogacy)

Day-one right to NCL applies to adopters, prospective adopters (including foster-to-adopt), and partners, or to overseas adopters/partners at the date the child enters Great Britain; and for surrogacy where the employee intends to apply for a parental order within six months, expects it to be granted, and expects to have responsibility for upbringing. The same conditions regarding date of birth, start of neonatal care, 7-day minimum, caring purpose and notice apply.

Amount of NCL

Employees are entitled to one week of NCL for each qualifying seven-day period that a child spends in uninterrupted neonatal care, capped at 12 weeks per child. Both parents may take NCL (including where both work for the Council).

Qualifying periods: the first qualifying week starts the day after neonatal care begins; subsequent qualifying weeks follow consecutively.

How and When NCL Can Be Taken

Tier 1: From when neonatal care starts until the 7th day after neonatal care ends. May be taken in one or multiple non-continuous blocks of at least one week, up to the 12-week maximum.

Tier 2: From the 8th day after neonatal care ends and must finish within 68 weeks of the child’s birth. Any remaining entitlement not used in Tier 1 must be taken as one continuous block. (Examples in Appendix A.)

Notice to Take NCL

The Council recognises this is a difficult time. If the set timeframes cannot be met, later notice will be accepted and may be waived in some cases.

• Tier 1: Notify the Clerk verbally or in writing for each week wished to be taken, preferably before the first day of absence or as soon as reasonably practicable. Complete the Intention & Entitlement form (Appendix B: birth / Appendix C: adoption) within 28 days of the first day of NCL, or as soon as reasonably practicable.
• Tier 2: Give written notice using the same form. For one week, give at least 15 days’ notice; for two or more consecutive weeks, at least 28 days’ notice (or as soon as reasonably practicable). Employees may cancel by informing the Clerk as soon as reasonably practicable.

NCL and Other Types of Parental Leave

NCL can be taken within 68 weeks of birth in addition to other statutory leave types.

• Maternity: NCL follows maternity leave (maternity cannot be paused).
• Adoption: NCL follows adoption leave (cannot be paused).
• Shared Parental: NCL may be taken between/after SPL periods provided within 68 weeks of birth.
• Paternity: NCL may be taken before or after paternity leave within the 68-week limit.

Employees may not take Tier 2 NCL where, at the time of giving notice, it would overlap another statutory leave.

Adoption Placement Disrupted

If a placement is disrupted (child returned after placement, ceases to live with the overseas adopter, or a surrogacy parental order does not proceed), accrued NCL may still be taken. Refer to the Adoption Policy and consult the Clerk.

Bereavement

Where a child passes away, accrued NCL can still be taken. Parental bereavement leave may also apply—speak to the Clerk to discuss entitlements and support.

Neonatal Care Pay (NCP)

Up to 12 weeks of Statutory Neonatal Care Pay (SNC) may be payable at the statutory rate or 90% of average weekly earnings (whichever is lower), subject to eligibility, including 26 weeks’ continuous employment by the relevant week (defined in the policy), lower earnings limit, and completion of notice/evidence requirements.

Keeping in Touch and Returning to Work

Refer to the relevant parental leave policy (maternity, paternity, shared parental, adoption, parental bereavement) for details of keeping-in-touch arrangements and return to work.

Continuous Service

Time spent on NCL counts as continuous service for statutory and contractual purposes.

Leave During Neonatal Care Leave

• Annual Leave: Continues to accrue during NCL.
• Bank/Public Holidays: Continue to accrue during NCL.

Requesting Support

Employees experiencing difficulties are encouraged to speak to the Clerk. Discussions will be treated sensitively and in confidence.

Appendix A — Example (Annual Leave Accrual Calculation)

Illustrative worked example showing how annual leave accrues across different working hours before and after maternity, noting that bank/public holidays also accrue and must be factored into calculations.

Appendix B — Neonatal Care Leave: Notice of Entitlement & Intention (Birth)

Form to confirm notice and entitlement to take NCL (and pay, where applicable). Submit completed form to the Clerk.

Section A — Information to be provided by employee: child’s date of birth; date neonatal care started; confirmation that care continued without interruption; date neonatal care ended (if applicable); intended NCL dates (Tier 1 may be in weekly blocks; Tier 2 must be one continuous block); intended pay dates (if applicable).

Section B — Employee declaration: eligibility statements for NCL and (if applicable) NCP; confirmation to notify changes; signature and date.}

Appendix C — Neonatal Care Leave: Notice of Entitlement & Intention (Adoption)

As above, adapted for adoption (UK/overseas) and foster-to-adopt, including dates of placement and neonatal care, intended leave/pay dates, and eligibility declarations.