By Paul Kelly | February 15, 2024
Last Updated on February 15, 2024
Paul Kelly, Head of Employment law at Blacks Solicitors, discusses the Carer’s Leave Act, the impact this will have on the social care sector and how employers can best support employees with care responsibilities once this comes into force.
The Carer’s Leave Act (2023) was laid out before parliament on 11th December 2023 and is due to come into force from 6th April 2024. Employers will need to be prepared to deliver changes to the way support is offered to all unpaid carers in their workforce.
It is estimated that the Act will give rights to at least two million employees who also have caring responsibilities outside of work but currently do not have any entitlement to leave.
The law
The new Carer’s Leave Act will introduce a statutory entitlement to one week’s unpaid leave for employees with caring responsibilities.
Currently, there is no existing statutory right for employees to take leave in order to carry out caring responsibilities. Prior to the introduction of this Act, employees in this situation utilised other kinds of leave to assist loved ones who are ill and in need of care, including flexible working, maternity leave, parental leave and even annual leave. While this time off can be used to fulfil caring responsibilities, these rights to leave are not specifically tailored to these circumstances. The Act hopes to rectify this.
Who can take Carer’s Leave?
From 6th April, carers will be provided with one week of unpaid flexible leave per year, to be taken either as full or half-days and can be taken on separate days over a 12-month rolling period. Carer’s leave will be a ‘day one’ right, which means that employees with caring responsibilities will have the right to request this leave from the first day of employment, meaning there is no minimum service requirement to take advantage of it.
Eligibility for this week of leave will take account of multiple factors, such as whether the employee is a primary carer, who the dependent is and whether the dependent has a long-term care need.
A person is classified as a dependent if they are:
- A spouse, civil, partner, child or parent of the employee.
- Live in the same household as the employee or being the employee’s lodger or tenant.
- Reasonably rely on another individual to provide or arrange care.
A dependant is legally classified as having a long-term care need if:
- They have an illness or injury, physical or mental, that requires care for more than three months.
- They have a disability for the purposes of the Equality Act (2010).
- They require care for a reason connected with their old age.
As with other statutory leave entitlements, employers cannot penalise any employee choosing to take advantage of Carer’s Leave entitlement once this is brought into action. Dismissal of an employee for a reason while taking carer’s leave would be deemed unlawful.
What will the act mean for social care and employers?
The introduction of the new Act is a significant step for carers across the UK and is set to usher in a new era of support and flexibility. This change will grant caregivers the much-needed time to fulfil their caregiving responsibility without financial burden or compromising their employment status.
Until now, informal caregivers in the UK faced a significant gap in support compared to other healthcare services. Whilst the law previously ‘allowed’ for time off work to care for dependants in emergencies, this frequently fell short of ongoing and long-term care that was required.
In practice
In order for an employee to request leave, it is expected that they will need to provide advance notice that is at least twice the length of the time being requested as leave, plus one day. For example, if an employee is requested three days off to take care of an individual with a care need, they need to request this from their employers within a minimum of seven working days prior to the first day of leave.
Employers must consider the following, ahead of 6th April, in order to support their employees who are caregivers effectively:
- Updating or creating new policies to inform their employees of the new legislation and the process and practicalities of requesting leave.
- More immediately, employers must consider whether this entitlement should be enhanced by offering to pay for some or all of the employee’s new carer’s leave entitlement or if this will be unpaid leave.
- Employers are responsible for ensuring that this new legislation is understood by all members of staff in the organisation, including managers, old and new employees.
This Government-backed support for carers is a vital step in the right direction for the social care sector receiving the funding and backing it needs to meet the needs of our growing and ageing population.
If you have any questions about carer’s leave, or any other employment law questions, please visit our website.