Statutory neonatal care pay

Qualifying for statutory neonatal care pay

You'll qualify for statutory neonatal care pay (SNCP) if you have:

• A qualifying relationship with the child (see Neonatal care leave).
• At least 26 weeks' continuous service with your employer by the 15th week before the expected week of childbirth (for births) or the week you 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 your employer notice (in writing, if they request it) of:
• Your name.
• The child's date of birth or the date the child was placed with you (for adoptions).
• The date or dates the child started to receive neonatal care.
• The date from which you want to start receiving SNCP.
• The date neonatal care ended (if the child is no longer receiving it).
• A declaration that you cared, or intend to care, for the child when receiving SNCP.
• A declaration that you have a qualifying relationship with the child (for the first notice given).

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

When to give notice

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

However, you 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 you to give this notice in time, you should give it to your employer 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. You must claim and receive SNCP within 68 weeks of the child's birth or the date the child was placed with you (for adoptions).

Pay rates

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

Ending payments

Your employer can stop paying SNCP if you:

• die;
• are entitled to statutory sick pay; or
• are in police custody or have been sentenced to time in prison, unless
• you're released without charge;
• you're found not guilty and released;
• you're convicted but not sentenced to time in prison; or
• your prison sentence is suspended.

Your employer does not have to pay SNCP to you for any week during which you do some work for them.