Tag: ACAS guidance Carer’s Leave

Carer’s Leave

What do we already know?

We updated you here that from 6 April 2024, employees have a statutory right to one week’s unpaid carer’s leave (per year).

What’s new?

The Government and ACAS have published guidance on this new right (available here and here).  The Government guidance provides a basic overview of the right to carer’s leave. This includes who is entitled to carer’s leave, how much leave can be taken, how to take it and when an employer can delay the leave.

The ACAS guidance is more detailed and includes:

• Examples of what carer’s leave can be used for;
• Help with the definition of ‘dependant’;
• Examples of how to calculate the amount of leave that can be taken (including for part-year and irregular hours employees);
• The notice requirements for different amounts of leave.

In respect of notice, the guidance encourages employers to be as flexible and to grant requests whenever possible. It reminds employers that employees might only be able to give short notice, depending on the circumstances.

The guidance also contains advice on how employers can postpone leave and for what reasons. Also, although the guidance confirms that employers do not have to pay employees for carer’s leave, it suggests that they may choose to do so and advises employees to check policies to confirm pay arrangements.

The guidance also sets out employees’ rights when taking carer’s leave which include:

• The right to return to the same job on the same terms and conditions; and
• Protection from detriment or dismissal because of something related to carer’s leave. (For example, if an employee had their hours reduced, or if they were overlooked for training, promotions or development opportunities because of something related to carer’s leave, this would amount to an unlawful detriment).