Starting from April 6, 2024, employees will have the legal right to take a week of unpaid leave annually to care for a dependent under the Carer’s Leave Act 2023.
This entitlement applies to all employees, regardless of their length of service.
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Overview of the Carer's Leave Act
The leave is designed for employees who need to care for dependents with long-term care needs, including spouses, children, parents, or anyone relying on the employee for care. The dependent must have a condition requiring care for over three months, a disability, or age-related issues.
Employees can take the leave flexibly, in half or full days, up to a week in total. They must give notice to their employer.
The notice period is a similar process to annual leave. Notice must be given by whichever is the earlier of:
twice as many days in advance e.g. 4 days notice for 2 days leave)
or 3 days in advance (of the earliest day or half day requested)
Carer's leave is unpaid, but employees retain their contractual rights except for pay during this period.
Employers cannot refuse a request for carer's leave but can postpone it if it would significantly disrupt business operations. However, they must provide written notice of postponement and arrange an alternative time within a month.
Employees are protected from any disadvantage or dismissal related to taking carer's leave, with dismissal for this reason deemed automatically unfair. They have the right to bring a claim to an employment tribunal if their rights are violated, with potential compensation awarded based on the circumstances.
No evidence is required to support a leave request. Employees will therefore need to self-certify that they are caring for someone with a long-term care need but there is not legal requirement to provide evidence and an employer cannot ask for this.
Carer's Leave is for planned commitments. Any unforeseen caring situations such as care plans falling through or illness are covered by the statutory right time off in an emergency involving a dependant. Carer's Leave is also separate to (so comes on top of) parental leave rights for a parent of a disabled child.
Carer's Leave may also be enhanced by employers by offering additional paid or unpaid leave, so it's always worth talking to your manager or HR team to check what your employer provides.
Employer Responsibilities
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Employers must update policies, inform employees of their rights, and consider implementing systems for managing leave requests and records. They can also consider offering additional support, such as paid leave, to attract and retain employees.
The Carer’s Leave Act aims to support millions of working carers in balancing employment and care responsibilities, potentially saving billions for businesses and the economy. Employers are encouraged to adopt supportive policies and practices to accommodate carers effectively.
