The SPCB is committed to supporting parents and providing a range of provisions to enable staff the flexibility and time to care for a new arrival. This policy outlines the provisions for neonatal care leave to support staff whose newborns require neonatal care.
Neonatal care is the type of care that a baby who is born prematurely or sick receives in hospital. In many cases, the baby’s admission to a neonatal unit is a sudden, unexpected event which parents are unable to plan for, and can be an incredibly worrying and stressful period.
Neonatal care leave provides a statutory entitlement to paid leave for parents of babies receiving neonatal care. It gives parents additional time to care for their babies whilst they are in hospital, without using up other family leave entitlements, such as maternity, paternity, adoption or shared parental leave.
The aim of this policy is to set out the rights and responsibilities of staff and their managers, or MSP staff and their employing MSP, regarding neonatal care leave. This policy is supported by Guidance and FAQs.
Neonatal leave is a day-one right to take leave from work if your baby receives neonatal care for more than 7 continuous days. Neonatal care must start within 28 days of the child’s birth. The length of leave will be based on how long the baby receives neonatal care up to a maximum of 12 weeks.
Neonatal leave is a day one right available to SPCB and MSP staff regardless of their length of service. Both parents, partners (including same-sex partners) and adopters have the same entitlement, but it is limited to the individuals who have the main responsibility for caring for the child following birth, had the baby not been admitted to neonatal care.
Who can take neonatal care leave:
Who cannot take neonatal care leave:
It is important to note that your normal entitlement to maternity or paternity pay will continue to apply and will not be affected by this provision.
If your baby requires neonatal care beyond 12 weeks or if your baby is receiving palliative care at home or in a hospice, or are receiving a very high level of medical care at home, please contact People Services for further advice and support.
You will have 68 weeks to take your leave from the first date of admission to neonatal care. This means that you will be able to take your full entitlement to neonatal leave in addition to other types of parental leave, including maternity, paternity, shared, adoption and parental bereavement leave.
If you are taking a period of maternity or adoption leave, then you will take your accrued neonatal care leave after your maternity or adoption leave ends. This is because maternity or adoption leave is triggered by the birth of your baby and cannot be paused and restarted. Similarly, if you are taking a period of paternity leave, neonatal care leave will be taken once this has ended.
If neonatal care stops, then restarts, you can accrue neonatal leave in respect of each separate period, if each period independently meets the qualifying periods (including starting within the 28-day period after your baby’s birth).
If you have multiple births in a pregnancy, this policy applies per pregnancy. This means that if one or more of the babies are receiving neonatal care, and the other baby/babies are not or have been discharged from neonatal care, the policy continues to apply.
Please seek advice from People Services to ensure you can make the best use of your leave entitlements.
You will be entitled to statutory neonatal pay during any weeks of neonatal leave if you meet the eligibility conditions as set out in this policy.
The rate of statutory neonatal pay is the lower of either: (i) 90% of your normal weekly earnings; or (ii) a prescribed rate set by the government each year. The People Services and Pay and Pensions Office will confirm this with you.
Tax and national insurance will be deducted from your neonatal pay. Pension contributions may also be deducted.
To qualify for statutory neonatal pay the following should apply
Neonatal care leave and pay is based on self-declaration. You will need to provide your manager or employing MSP with some information, such as your child’s date of birth and the expected start and end date of each period of neonatal care. Please contact People Services for advice. Informal notice to your manager will trigger taking the leave straightaway.
You do not need to provide any additional evidence that your child is or has received neonatal care.
Further information about avenues of support is available on the guidance for staff, managers and employing MSP section of the intranet. Please also contact People Services for advice.
It is important to understand that parents of premature or sick babies are likely to experience a range of emotions. Communications should be managed in a sensitive way. To support staff during this difficult time, managers should take a sensitive approach to:
Managers should signpost the member of staff to their GP, the Employee Assistance Programme (EAP) and contact People Services for further advice, guidance and support if required.
Neonatal care leave offers employment protection rights comparable with other parental leave, for example, the right to paid holidays and the right to return to the same job or a similar job with the same terms and conditions.
All your normal terms and conditions remain in force during neonatal leave, except for terms relating to pay.
This policy will be reviewed annually and updated as necessary to ensure compliance with current legislation.