The new statutory carer’s leave entitlement came into force on 6 April 2024 as part of several employment law updates to family friendly rights in the UK. The legislation was introduced to provide support for individuals who take on caregiving responsibilities for their dependants.
What is Carers Leave?
Carers leave provides eligible employees with the day one right to take time off work to arrange or provide care for a dependant with a long-term care need. A dependant has a long-term care need if:
- They have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months
- They have a disability for the purposes of the Equality Act 2010
- They require care for a reason connected with their old age
Employees have a right to take up to one week of unpaid time off work in each rolling 12-month period. However, employers also have the choice to offer paid leave if they wish to do so, although they are not legally obliged to do so. The employee should be allowed flexibility to take anything from a half a working day’s leave and up to a maximum of one week’s leave. There is no requirement for the leave to be taken consecutively and can be spread out across the 12 months. However, employees are required to give twice as many days’ notices as the intended period of leave e.g. 3 days will require 6 days’ notice. However, employers can exercise their discretion if notice isn’t given in emergency/urgent situations.
Employers cannot refuse a request for carers leave, but under some circumstances they can postpone the leave. Employees should also not suffer any detriment as a result of exercising their right to take carers leave.
Practical Tips for Employers
- Review and implement carers leave policy – Employers should develop a clear policy outlining carers leave entitlement, eligibility criteria, and notification requirements. Communicate the new policy to employees and ensure the policy is accessible
- Train senior staff and managers – Educate managers and staff about carers leave entitlement and the importance of supporting colleagues with caring responsibilities. Encourage open communication and create a supportive culture where employees feel comfortable discussing their needs
- Provide Supportive Resources – Employers way wish to consider offering access to support networks, employee assistance programs, and external resources for employers who have careering responsibilities
- Record Keeping – Employers need to ensure that any carers leave is accurately recorded, to ensure that employees have a record of how much time has been taken and to ensure that carers leave is not confused with any separate sickness absence
By offering practical support and encouraging open communication, employers can create a supportive environment where employees feel valued and able to balance their work and caregiving responsibilities effectively.
