Bridge HR blog articles

Carer's Leave Act 2023: How does it work?

Written by Shaun Pinchbeck | Apr 17, 2024 11:01:35 AM

Here are key things you need to know about the new Carers Leave...

When does the Act become effective?
6th April 2024

Who has the right to seek Carers Leave?
Employees – in order to provide or arrange care for a dependent with a long-term care need.

What length of service is required?

None – it applies from day 1 of the employment.

Is the leave paid or unpaid?

Unpaid.

What is the shortest period of leave which can be sought?

Half a day.

Is notice required?

Yes.

 

If so, how much notice?

Double the time of leave which is sought e.g. if the employee wants two days off, they need to give four days’ notice; or three days before the start of the absence.

Does the employer have a right to postpone?

Yes, if reasonably believes it would be unduly disruptive to the business.

 

If so, for how long?

Maximum of one month after the first day requested.

Is the employer entitled to require evidence to support the application?

No.

 

Summary

My view of this is that although stated to be “an Act to make provision about unpaid leave for employees with caring responsibilities” - in reality, it seems to me there is no need to “care for” anyone, it can be used to arrange care.

Also, given the notice requirements, it seems likely to be used for planned occasions e.g. visiting a care home with a relative, rather than where a sudden need arises e.g. a relative has had a fall and needs help straight away.

Because it is unpaid, I suspect that take-up may not be high.

If any such applications are made and you are unsure whether to allow or not, it would be sensible to seek legal advice.

If you have any general or specific questions, or you need a new policy on this - please feel free to contact Bridge.