Leave clarity for carers – the Carer's Leave Regulations 2024 to come into force on 6 April 2024

The long-awaited Carer's Leave Regulations 2024 will bring into force the right to carer’s leave under the Carer’s Leave Act 2023 on 6 April 2024.

Under the new law, employees are entitled to one week’s unpaid leave each year in order to provide or arrange care for a dependant with a long-term care need.

All employers will need to be aware of the right to take leave and the procedural requirements contained in the new regulations.

How will the right to carer’s leave operate in practice?

Importantly, there is no minimum service requirement to qualify and therefore, from day one of their employment, an employee has the right to take a week’s leave from work in any 12-month period.

Employees will be able to take the leave to provide or arrange care of a person who is considered a “dependant”. For the purposes of the new Act, a dependant may be a spouse, civil partner, child, parent, a person who lives in the same household (other than a boarder, employee, lodger or tenant) or a person who reasonably relies on the employee to provide or arrange care for them. It is worth noting that this could include providing care for someone who reasonably depends on the employee for care but where the dependant’s primary unpaid carer is taking respite.

The dependant must have a long-term care need. This means that; (i) they have a physical or mental illness or injury that requires, or is likely to require, care for more than three months; (ii) they have a disability as defined under the Equality Act 2010, or (iii) they require care for a reason connected with their old age.

As with many forms of leave that an employee is entitled to, those taking carer’s leave are protected from suffering a detriment for having taken such leave. Dismissals for reasons connected with an employee exercising their right to carer’s leave will also be automatically unfair.

How many days of carer’s leave will an employee be entitled to?

Carer’s leave can be taken flexibly, either in half days or full days and up to a block of one working week. A week of carer’s leave shall equal the number of days that the employee is normally expected to work in a week.

What notice is required by an employee and how can employees take carer’s leave?

Employees are able to self-certify their eligibility. Importantly, this means that no evidence shall be required to be provided by the employee to their employer in relation to the requested leave.

In order to take carer’s leave, the employee must give notice to their employer and the notice given must be either twice as many days as the period of leave requested or three days in advance of the leave, whichever is earlier. To exemplify, if an employee wants to take three days of unpaid carer’s leave, they will be required to give their employer six working days’ notice (being twice the amount of leave requested).

Is carer’s leave paid?

No, the period of carer’s leave will be unpaid. However, the employee will retain all rights to their terms and conditions (apart from the right to remuneration) during the leave.

Can a carer’s leave request be denied?

No, a carer’s leave request cannot be denied by an employer; however it can be postponed if the employer considers that it would unduly disrupt the operation of their business. In order to postpone a request, the employer must notify the employee as soon as reasonably practicable and not later than the earlier of: (i) seven days after the employee’s notice was given or, (ii) before the proposed carer’s leave date. The leave can only be delayed for up to one month.

We would advise that you discuss any leave request with the employee and be as flexible as you can in respect of accommodating the dates requested, where possible, especially given the short nature of the leave.

What to do now?

Employers should have a policy in place which sets out the right of an employee to take carer’s leave and the process which must be followed in respect of a request to take leave. Employers should also monitor any such requests and time taken by employees.

If you would like help with preparing a draft carer’s leave policy or guidance on carer’s leave more generally, please get in touch with our team who would be happy to help.