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To qualify for SNCP an employee or their partner must, at the time of the child’s birth be:

• the child’s parent or intended parent - either biological, adoptive or parent of a child born to a surrogate
• the partner of the child’s or baby’s parent

Parents or intended parents must have or expect to have responsibility for the upbringing of the child.

If the employee was an adoptive parent

If they or their partner was an adoptive parent, an employee is eligible:

• after the adoption order was granted
• before the adoption order was made, if the child was placed with them for adoption unless the placement was disrupted (for example, being temporarily placed elsewhere) or stopped

If the employee had a baby with the help of a surrogate parent

If they or their partner were a parent of a child born to a surrogate, an employee is eligible:

• after a parental order was made
• before a parental order was made if they had applied or intended to apply for a parental order within 6 months of the child’s birth and expected it to be granted

The employee must also:

• have been continuously employed for at least 26 weeks up to the relevant week (RW). The week (ending Saturday) immediately before the neonatal care starts
• remain employed by the liable employer up to the date the neonatal care starts
• have average weekly earnings of not less than the LEL which applies at the end of the RW
• provide the correct notice in writing within 15 days (Tier 2) or 28 days (Tier 1) of the start of the neonatal care including a declaration that they are eligible because of their relationship with the child

Legislation

Regulations 5, 6 and 15 of the Statutory Neonatal Care Pay (General) Regulations 2025.