Carers Leave – One Year On

Just over a year ago, we saw the implementation of the statutory right to take Carers Leave, which came into force on the 6th April 2024. This leave was introduced to allow employees to take time off work to provide or arrange care for a dependant, with a long term care need. One year on, it is essential for employers to reflect on their practices to ensure that this right has been incorporated and communicated.

Who is entitled to take Carers Leave?

Carers Leave is a day one right, and can only be taken by individuals legally classed as an employee. This means that the statutory right does not extend to agency workers, consultants, self-employed contractors, volunteers or interns.

Carers Leave is defined as time off to help a dependant who needs long-term care, and up to a week’s leave can be taken in each rolling 12 month period. The statutory leave is unpaid; however, employers can choose to pay employees whilst taking the leave if they wish. What equates to a week’s leave will depend on the employee’s usual working week. For example, if a member of staff works 3 days a week, they will be entitled to 3 days of Carers Leave in each 12 month period.

The leave may be taken in separate days or half days, up to one continuous block of a week.

Who is a dependant?

An dependant can include:

• A husband, wife, civil partner or partner
• A child
• A parent
• A person who lives in the employee’s household (not tenants, lodgers, boarders or employees)
• A person who relies on the employee for care

What is considered a long term care need?

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

• A disability as defined under the Equality Act 2010
• An illness or injury (whether mental or physical) that requires or is likely to need care for more than three months
• A care need related to old age

What notification must an employee provide to take Carers Leave?

To take Carers Leave, employees must give at least three days notice, or twice as many days as the number of days or part days requested, whichever is the greater. For example, if an employee wanted to take two days’ leave, they would need to give 4 days’ notice.

There is no requirement for an employee to put their request for leave in writing, and employers cannot require any evidence/declaration that the employee is eligible to take such leave, including proving that a dependant has a long term care need. On this basis, it is sensible for a company policy to detail any preference for the notification to be in writing, as this cam help to ensure there is a paper trail of the leave being taken. This can be useful in terms of assessing an entitlement to future requests.

Considerations for employers

1. Ensure that the Company has updated its family friendly policies/handbook to include a policy on Carers Leave, detailing whether or not this will be a paid entitlement and if written notice is required, if such a policy has not yet been included.
2. Ensure that employees are aware of the right to take Carers Leave, whether this is done by providing them with a copy of the policy, or circulating this through internal communications such as an employee newsletter.
3. Consider whether training for management on handling requests may be appropriate. Whilst on the face of it the entitlement might seem quite straightforward, there are instances where a request can be postponed for a certain period if this would cause undue disruption to the business. Ensure that management are well equipped to deal with requests.