The New Carer's Leave Act May Not Be So Caring After All!

Carer's Leave came into effect in April 2024, entitling employees to unpaid leave to give or arrange care for a ‘dependant’ who has:

• a physical or mental illness or injury that means they’re expected to need care for more than 3 months
• a disability (as defined in the Equality Act 2010)
• care needs because of their old age

The new law claims it is “an Act to make provision about unpaid leave for employees with caring responsibilities”,  Given the notice requirements, it is my belief that it will likely be used only for planned occasions of care, such as visiting a care home with a relative, rather than where a sudden need arises such as a relative has had a fall and needs help straight away.  Not so caring, then?

As Carer's Leave is unpaid and given the notice requirement, I suspect that take-up may not be high.

If any such applications are made by employees and your organisation is unsure whether to grant the leave or not, it is sensible to seek legal advice from an Employment Law Solicitor. 

Here are the key terms

1. When does the Act become effective?

6^th April 2024.

2. 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.

3. What length of service is required?

None – it applies from day 1 of employment.

4. Is the leave paid or unpaid?

Unpaid.

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

Half a day.

6. Is notice required?

Yes.

7. If so, how much notice?

Double the time of leave which is sought.

E.g. if the employee wants 2 days off, they need to give 4 days’ notice…

Or 3 days before the start of the absence, whichever is earlier.

8. Does the employer have a right to postpone?

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

9. If so, for how long?

Maximum of one month after the first day requested.

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

No.

If you have any general or specific questions, please feel free to contact me, Shaun Pinchbeck, for a free, initial chat - email shaun@bridgeehr.co.uk or call 01904 935364