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Carer’s leave explained | Key points for employers
The long-awaited Carer’s Leave Regulations came into effect on 6 April, 2024, marking a significant milestone for employee rights. Essentially, the regulations allow employees to take up to one week’s unpaid leave within a rolling 12-month period to care for dependants with long-term care needs.
In this blog, we’ll outline the important points surrounding Carer’s Leave and what employers should know.
Defining ‘dependants’ and ‘long-term care needs’
Who qualifies as a dependant?
A dependant includes an employee’s spouse, civil partner, child, parent, or someone living with them who relies on the employee for care. This does not include a tenant or lodger.
Defining long-term care need
A dependant has a ‘long-term care need’ if they:
- Have an illness or injury (physical or mental) that requires, or is likely to require, care for more than three months
- Have a disability for the purposes of the Equality Act 2010
- Require care due to reasons connected with their old age
Flexible leave options
Carer’s Leave can be taken as individual half or full days, up to a block of one week, and doesn’t have to be consecutive.
Notice period
Employees must give notice, either verbally or in writing, equivalent to the greater of (i) twice as many days as the period of leave required, or (ii) three days. Employers may waive the notice requirement where the other requirements of the regulations have been met.
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Employer responsibilities and limits
Employers cannot require evidence in relation to the request before granting leave, nor can they decline a valid request; however, they may postpone it if it would greatly disrupt the business. In such cases, they must give written notice of the delay and allow the leave to be taken within one month.
Terms and conditions
During Carer’s Leave, employees benefit from all their usual terms and conditions, except pay, and remain subject to their usual obligations.
Protection from detriment or dismissal
Employees will have protection from detriment or dismissal for taking or sought to take Carer’s Leave.
Existing contractual rights
Some employers may already provide a contractual right to take leave for caring responsibilities. If this is the case, employees will only be able to take advantage of whichever entitlement is more favourable to them, but they will still benefit from the protections associated with the statutory scheme.
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Expert policy support from WorkNest
Got a query about the legalities of Carer’s Leave? Need to amend your policies to incorporate this new regulation?
From updating your policies and practices to helping you respond to requests in a reasonable manner and deal with any disputes that might arise along the way, WorkNest’s legal and HR experts can help you to manage leave with confidence an ensure compliance with the latest legislation.
For personalised advice and support, contact our team on 0345 226 8393 or request your free consultation using the button below.
