Neonatal Care Leave Policy

1. Purpose

This policy outlines the rights of employees to neonatal care leave (NCL) and pay following the birth or adoption of their child. It aims to support employees during the challenging time of having a child in neonatal care by providing clear guidance on leave and pay entitlements.

2. Overview of key points

NCL is available to parents of babies who are admitted into neonatal care at the age of up to 28 days old, and who have a continuous hospital stay of seven full days or longer. Employees will be able to receive statutory leave (day one right) and statutory pay (after 26 weeks of continuous service) in addition to any other leave they may be entitled to, including maternity, adoption, paternity and shared parental leave. Employees will be able to take one week of leave for each week the baby requires neonatal care (up to a maximum of 12 weeks). The leave does not need to be taken at the time the baby is actually receiving neonatal care, but must be taken within 68 weeks of birth or placement for adoption.

The statutory provisions can be complex in places, and we acknowledge that having a baby in neonatal care can already be a worrying time, therefore if you Page 2 of 9 aren’t sure about any aspect of this policy, please contact a HR Advisor or the HR Operations Team for advice and support.

3. Scope

This policy applies to all employees on a University of Derby or Derbyshire Student Residences Ltd (DSRL) contract of employment. It does not apply to agency workers, consultants, self-employed contractors, or volunteers.

4. Definitions

Neonatal care:

Neonatal care refers to medical care provided to a newborn child within 28 days of birth (counted from the day after birth). It includes:

• • Medical care that your child receives in a hospital;
  • Medical care that your child receives in any other place providing:
  • your child was previously admitted to a hospital as an inpatient and needs continuing care after leaving the hospital;
  • the care is under the direction of a consultant; and
  • the care involves ongoing monitoring and visits from healthcare professionals arranged by the hospital where your child was an inpatient; or
  • Palliative or end-of-life care

Relevant Week:

The 15th week before the expected week of childbirth if you are entitled to statutory maternity, or paternity pay.

In adoption cases: The week in which you or the adopter are notified of being matched with the child for adoption purposes if you are entitled to statutory adoption or paternity pay.

In all other cases, it means the week before the neonatal care begins.

5. Policy Statement

We understand that having a baby in neonatal care can be a stressful and challenging experience. We are committed to supporting you and doing what we can to help ensure that you are able to be by your child's side while looking after your own health and wellbeing.

This policy does not form part of your employment contract, and we may update it at any time.

6. Procedure

6.1 Eligibility for NCL

Whatever your length of service, you have a statutory right to take NCL if at the date of the child's birth or at the date the child is placed for adoption you are:

• The child's parent;
• Their intended parent under a surrogacy arrangement;
• Their adopter or prospective adopter via a UK adoption agency or an adoption from overseas;
• The partner of any of the above at the date of birth or (in the case of adoptions) at the date of placement by a UK adoption agency or the date the child entered the UK if adopting from overseas;

And you have or expect to have responsibility for the child's upbringing (or, if you are the partner of the child's mother / birthing parent, the main responsibility apart from any responsibility of the mother).

Additionally, the following conditions must be satisfied:

• your child was born on or after 6 April 2025;
• your child started receiving neonatal care within 28 days after the date on which they were born (the 28 days are counted from the day after the child is born);
• the neonatal care has lasted seven days or longer without interruption (the seven days are counted from the day after the neonatal care started);
• you are taking the leave to care for your child (however, see If you suffer a bereavement below); and
• you have complied with the relevant notice and declaration requirements set out in this policy.

6.2 Amount of NCL

The amount of NCL that you can take is one week for every week your child has spent in neonatal care without interruption. A week is defined as a period of seven days starting from the day after the neonatal care began.

The maximum number of weeks that you can take as NCL is capped at 12 weeks.

Any NCL must be taken in blocks of at least one week.

You can take only up to 12 weeks' NCL, even if multiple children from the same pregnancy require neonatal care. So, for example, if twins spend the same three weeks in neonatal care, you will accrue three weeks of neonatal leave during this period, not six.

6.3 Timing of NCL

You can start your leave on any day after your child has received seven days of uninterrupted neonatal care.

The seven days are counted from the day after the neonatal care started. For example, if your child started receiving neonatal care on 7 April, the seven-day count begins on 8 April. This means that you can start your NCL on any day from 15 April.

Any NCL must end within 68 weeks of your child's date of birth.

The right to NCL is in addition to any other statutory leave that you may be entitled to, such as maternity, adoption, paternity, ordinary parental, parental bereavement or shared parental leave. Remember that some types of statutory leave must be taken in one continuous block e.g. maternity and adoption leave and once they are curtailed, you cannot restart these periods of leave later.

6.4 How NCL may be taken

The rules for taking NCL differ slightly depending on whether it is being taken in a "tier 1 period" or a "tier 2 period":

The "tier 1 period" begins when your child starts receiving neonatal care and ends on the seventh day after your child is discharged. If you take NCL in the tier 1 period, you can take it in one continuous block or a number of non-continuous blocks of a minimum of one week at a time.

Example: If the baby is receiving neonatal care for three weeks from birth, the tier 1 period ends at the end of the fourth week after birth.

The "tier 2 period" is any remaining period (within 68 weeks after your child's date of birth) that is not part of the tier 1 period. In other words, the tier 2 period is any point after seven days has elapsed since the child’s discharge from neonatal care. If you take NCL during the tier 2 period, you must take the leave in one continuous block.

You should be aware that the relevant notice requirements differ depending on whether you take your leave in the tier 1 or tier 2 period (see Notice to take NCL below).

6.5 Notice to take NCL

Notice during the tier 1 period

For each week of NCL that you wish to take in tier 1, you should notify your line manager by telephone or email, preferably before your first day of absence in that week. However, we understand that this is likely to be a challenging time for you, so please give notice as soon as is reasonably practicable for you to do so.

You are also required to give notice of your intention and entitlement to take NCL using our form to provide notice of intention and entitlement to take NCL. This form contains a declaration that will need to be signed by you. There is no expectation of you to complete this form straightaway while your child is receiving neonatal care. However, we do request that the form is sent to us within 28 days of the first day of your NCL.

Notice during the tier 2 period

If you wish to take NCL in the tier 2 period, you will need to give notice in writing of your intention and entitlement to take NCL using our form to provide notice of intention and entitlement to take NCL. This form contains a declaration that will need to be signed by you.

If you are taking a single week of NCL, your notice should be received by us at least 15 days before the first date that you have chosen for your leave to start.

If you are taking two or more consecutive weeks of NCL, your notice should be received by us at least 28 days before the first date that you have chosen for your leave to start.

6.6 Late notice

We understand that having a child in neonatal care is an incredibly difficult time for parents. Please be assured that if it is not possible for you to meet the timeframes for giving notice as set out in this policy, we may agree with you to waive or reduce the notice requirements. Please note that if short, late or no notice is given, we may need to adjust your pay the following month because it might not be possible to meet normal payroll deadlines, depending on when the notice is given.

6.7 Starting your NCL

Your NCL will start on the date that is specified in your notice.

Alternatively, if you give notice on the same day that you want to begin your leave and you are already in work on that day, your NCL will start on the following day.

If we have agreed to waive the notice requirements, your NCL will begin on a day that is mutually agreed between us.

6.8 Interaction with other statutory leave

You are entitled to take NCL in addition to any other statutory leave that you may be entitled to, including maternity, adoption, paternity, ordinary parental, parental bereavement and shared parental leave.

If you have already started a period of statutory leave, but subsequently become eligible for NCL, you can take your NCL after completing the other statutory leave, provided that your NCL is taken within 68 weeks of your child's birth date.

If you have already started a period of NCL during the tier 1 period but need to begin another type of statutory leave, your NCL will be temporarily paused immediately before the other statutory leave begins. You can then resume the remaining weeks of your NCL in one of two ways:

• if you are still within the tier 1 period - immediately after the end of the other period of statutory leave; or
• if you are now in the tier 2 period - immediately after any other NCL taken during the tier 2 period.

You cannot take NCL in the tier 2 period if, at the time of giving notice, you are aware that the leave will overlap with another type of statutory leave.

6.9 Neonatal Care Pay

You may be entitled to statutory neonatal care pay (SNCP).

The rate of SNCP is set by the Government for the relevant tax year, or at 90% of your average weekly earnings (whichever is lower).

You will qualify for SNCP if:

• you are entitled to take NCL;
• you have at least 26 weeks' continuous employment with us at the end of the relevant week;
• you remain in continuous employment from the end of the relevant week (or from the child's birth if they were born before the relevant week);
• your average weekly earnings are not less than the lower earnings limit for national insurance contributions;
• you have complied with the relevant notice and evidential requirements and are able to provide the declarations as set out in this policy; and
• you have confirmed when you wish to start receiving SNCP within your form to provide notice of intention and entitlement to take NCL.

Neonatal care pay is treated as earnings and is therefore subject to PAYE and national insurance deductions.

6.10 If you suffer a bereavement

Employees who have accrued entitlement to NCL can still take the NCL that they have accrued if their child passes away.

Employees may also be entitled to parental bereavement leave in these circumstances – see the Special Leave Policy.

See also Baby Loss / Bereavement

6.11 If the placement is disrupted (adoption cases)

Employees who have accrued entitlement to NCL may still be entitled to take their NCL if the placement is disrupted.

A placement is disrupted where the child is returned after having been placed for adoption, ceases to live with the overseas adopter, or in the case of a surrogacy arrangement, the parental order does not proceed.

6.12 Your rights during NCL

During NCL, all the terms and conditions of your contract except normal pay will continue. Your pay will be replaced with SNCP if you are eligible for it.

You will continue to accrue your holiday entitlement during your NCL. Any holiday entitlement that has not been taken because of NCL can be carried over into the next holiday year.

We will continue to make pension contributions based on your normal (notional) pay during any period of paid NCL. The contributions that you make will be based on the actual pay that you receive during your NCL. The employee and employer pension contributions will cease during any period of unpaid NCL.

Cycle to Work Scheme (salary sacrifice) – We will extend the hire period by the number of months you are not being paid or are receiving statutory pay. This is so that the salary sacrifice arrangement can continue when you return to normal pay.

Childcare Vouchers (salary sacrifice) – Childcare vouchers cannot be provided during a period of statutory or nil pay. You will need to opt out of the scheme during any such period and rejoin when you return to normal pay. You must rejoin the scheme within 11 months of your last voucher entry and have not joined the Tax-Free Childcare scheme in the meantime.

6.13 Contact during NCL

We reserve the right to maintain reasonable contact with you during your NCL.

This may be to discuss your plans for taking leave, to discuss any special arrangements to ease your time away from work, or to update you on developments at work during your absence.

6.14 Returning to work after NCL

You have the right to resume working in the same job and on the same terms and conditions if returning to work from a period of isolated NCL.

If you return from a period of NCL that follows on immediately from another period of statutory leave (such as maternity, adoption, paternity, parental bereavement or shared parental leave) and your total time on leave is more than 26 weeks, you have the right to return to the same job wherever possible. However, if this is not reasonably practicable, we will offer you a suitable alternative job on terms and conditions that are no less favourable.

This also applies if you have taken NCL consecutively with a single period of more than four weeks of ordinary parental leave.

7. Sanctions

This policy operates on the basis of trust and does not require any evidence of the child receiving neonatal care. Any abuse of the policy may lead to disciplinary action up to and including dismissal.

8. Related Documentation

Family-Friendly Hub

People Experience and Culture Policies - Home - see the Family-Friendly section

The Employee Assistance Programme