The Carer’s Leave Regulations have been laid before Parliament and are expected to come into force on 6 April 2024.
These set out the statutory scheme for employees to apply for up to one week of unpaid carer’s leave in any 12 month period. Here is what you need to know about this leave:
- the right is a ‘Day One’ employment right
- the right applies to employees who have a dependant with a long-term care need and those who want to be absent from work to provide/arrange care for that dependant
- requests can be in consecutive, or non-consecutive, half-days or full days
- employees must give notice in writing of their intention to take carer’s leave. They must confirm their entitlement to take leave, giving at least twice the amount of notice than the period of leave requested (or if longer then three days’ notice)
- employers can postpone a request if the operation of the business would be unduly disrupted. In such circumstances, the employer must give notice of the postponement before the leave was due to begin. They must also explain why the postponement is necessary. The employer must then allow the leave to be taken within one month of the start-date of the leave originally requested. Rescheduling the leave should be done in consultation with the employee
- employees are protected from detriment and dismissal because they take, or seek to take, carer’s leave (or the employer believes they are likely to do so)
