Carer’s Leave Act 2023 and Carer’s Leave Regulations 2024

If an employee has a dependant with long term care needs, from 6 April 2024 they will be able to request 1 week’s unpaid leave in every 12-month period of employment to care for that dependant. The purpose for the leave is to provide or arrange care for their dependant.

The leave that can be taken can be in half day increments or full days up to one week in total for a 12-month period. This right will be introduced from the first day of employment.

Employees must give 3 days’ notice as a minimum before taking the carer’s leave, or at least twice the amount of notice as the period of leave if longer. The notice does not need to be in writing and an employee cannot be required to provide evidence in relation to the request before permitting the time off. The notice requirement can also be waived by the employer if the other requirements have been met.

In some limited circumstances, employers will be permitted to postpone the requested carer’s leave for up to one month. Examples of when an employer can postpone the request for carer’s leave are:

• If the employer reasonably considers that the operation of the business would be unduly disrupted if it allowed the leave during the requested period.
• If the employer allows the employee to take a period of carer’s leave of the same duration, within a month of the period initially requested.
• If the employer gives the employee a written notice within seven days of the initial request, setting out the reason for the postponement and the agreed dates on which the leave can be taken.

During the period of carer’s leave, an employee will continue to receive the benefits of their employment except for remuneration for the time off. They will also remain subject to all of their usual obligations.

Those taking carer’s leave will have the same protections as employees taking other types of family-related leave, such as the protection from detriment and dismissal because of the fact that they took (or sought to take) carer’s leave.

Please contact us for further guidance, such as what will meet the definition of dependant and/or long-term care needs for an employee to be eligible for carer’s leave, or for a quote to provide a bespoke policy on carer’s leave.