Statutory neonatal care pay

Qualifying for statutory neonatal care pay

A person qualifies for statutory neonatal care pay (SNCP) if they have:

• A qualifying relationship with the child (see Neonatal care leave).
• At least 26 weeks' continuous service with you by the 15th week before the expected week of childbirth (for births) or the week they are notified of being matched with the child (for adoptions) (the relevant week). The week begins on a Sunday and ends the following Saturday.
• Average weekly earnings at or above the Lower Earnings Limit (LEL) for National Insurance contributions by the end of the relevant week.
• Given you notice (in writing, if you request it) of:
• Their name.
• The child's date of birth or the date the child was placed with them (for adoptions).
• The date or dates the child started to receive neonatal care.
• The date from which they want to start receiving SNCP.
• The date neonatal care ended (if the child is no longer receiving it).
• A declaration that they cared, or intend to care, for the child when receiving SNCP.
• A declaration that they have a qualifying relationship with the child (for the first notice given for their child).

If the neonatal care is ongoing, they must, as soon as reasonably possible, inform you of when it ends.

When to give notice

Employees can give you this notice at the same time as their notice for taking neonatal leave, but don't have to.

However, they must give notice:

Tier 1 leave: No later than 28 days after the first day of a neonatal care leave period (i.e. 1 week, or 2 or more consecutive weeks).

Tier 2 leave: For a single week of neonatal care leave, no later than 15 days before the first day of the leave. For 2 or more consecutive weeks of neonatal care leave, no later than 28 days before the first day of the leave.

If it is not reasonably practicable for the employee to give this notice in time, they should give it to you as soon as possible.

Entitlement

The rules for taking neonatal leave and SNCP are the same – SNCP will cover all weeks of leave taken up to the maximum of 12 weeks. The employee must claim and receive SNCP within 68 weeks of the child's birth or the date the child was placed with the employee (for adoptions).

Pay rates

SNCP is payable at either the statutory weekly rate (see the current rate here, or 90% of the employee's average weekly earnings – whichever is lower.

You can, if you wish, have enhanced pay arrangements to attract and retain employees.

For example, you could:

• Pay full pay during the employee's neonatal care leave. However, you could also change the qualification criteria for this enhancement, e.g. require the employee to have a year's continuous service.
• Pay SNCP to all employees, regardless of whether or not they meet the statutory qualification criteria, though you may not be able to recover payments from the government for those who do not qualify for it.

You can offer these arrangements as a contractual right. If you offer them on a discretionary, case-by-case basis, you must act reasonably and comply with equality laws preventing discrimination. Note that the arrangements may become contractual through 'custom and practice'.

Ending payments

You can stop paying SNCP if an employee:

• dies;
• is entitled to statutory sick pay; or
• is in police custody or has been sentenced to time in prison, unless
• they're released without charge;
• they're found not guilty and released;
• they're convicted but not sentenced to time in prison; or
• their prison sentence is suspended.

You do not have to pay SNCP to an employee for any week during which they do some work for you.