Date published: 1st May 2024

The introduction of the Carer’s Leave Act in 2023 which came into effect on 6th April 2024, has provided specific and helpful legislation to make provisions about unpaid leave for employees with caring responsibilities. 

Anyone who is classed as an employee can now take time off to help a dependent who needs long-term care. 

This is a day one right, and an employee can take carer’s leave to give or arrange care for a dependant who needs long-term care. Notice must be given by the employee, and this is determined based on how many days leave they need. For example, if the employee requires half a day or 1 day’s leave, they must give their employer at least 3 days’ notice.  

It’s important to note here that an employer cannot refuse someone's request for carer's leave. But they can ask them to take it at a different time. 

They can only do this if the employee's absence would cause serious disruption to the organisation. however, an employer should be careful that their refusal does not constitute any potential discrimination. 

So, who is a dependant, and what counts as long term? 

An employee’s dependant can include: 

  • their husband, wife, civil partner, or partner 

  • their child 

  • their parent 

  • a person who lives in their household (not tenants, lodgers, or employees) 

  • a person who relies on them for care, such as an elderly neighbour 

A dependant has a long-term care requirement if they have any of the following: 

  • a disability as defined under the Equality Act 2010 

  • an illness or injury that is likely to need care for at least 3 months 

  • a care need related to old age 

There are many reasons as to what carer’s leave can be used for, some examples are: 

  • taking their disabled child to a hospital appointment 

  • an appointment for a parent who has dementia 

  • accompanying an elderly neighbour whilst their main carer is not available for that day 

Employees can take up to 1 week (dependent on how many days they work per week) of carer’s leave every 12 months, either as half days, full days or one whole week. There is a slightly different calculation for employees who work part of the year or variable hours.  

If an employee is a carer for more than one dependant, they can still only take one week of carer’s leave, but they can use that week of leave for more than one dependant. If an employee is a parent, they can take up-to 18 weeks of ordinary parental leave to look after their child, this is instead of or in addition to carer’s leave.  

Will I get paid for taking carer’s leave? 

Employers are not duty bound to pay employees for this type of leave, however they may choose to pay them. The right to pay will be found in a policy but an employee can speak to their employer to see if there is any room for discretionary pay for this period also. 

After an employee returns from carer’s leave, they have has the right to return to the same job on the same terms and conditions. They also continue to accrue holiday pay, pension and other benefits whilst taking the carer’s leave.  

If you have any questions or want more information in relation to carer’s leave and your rights, please get in touch with Hannah Dowd by making an enquiry, or call us today.