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Navigating the New Statutory Carer’s Leave Policy: A Guide for Employers

As of 6th April 2024, a significant change has taken place for employees with caregiving responsibilities: the introduction of Statutory Carer’s Leave. The Carer’s Leave Act 2023 makes provision for employees with caring responsibilities to take up to five unpaid days per year off work to provide care. 

What is a Dependent?

A dependent includes a spouse or civil partner, child, parent, person living in the same household (excluding tenants, lodgers, or employees) or anyone who reasonably relies on you for care, such as an elderly neighbour.

A dependant has a long-term care need if:

  • they have an illness or injury (whether physical or mental) that requires, or is likely to require, 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 old age.

Employers must recognise that others not specifically listed above might depend on employees. In such cases, requests should be considered on an individual basis.

Taking Carer’s Leave

The new leave will be a day one right for eligible employees. This is a significant step forward, ensuring that all employees can access this support without the need for a qualifying period.

Employees are entitled to take one working week’s unpaid leave of carer’s leave per rolling 12-month period to provide or arrange care for a dependant with a long-term care need. They can request to take their entitlement in a continuous block or separate occurrences, but each occurrence must be at least one-half of their working day.

Before taking any leave, the employee will be required complete a declaration form to confirm that:

  • Their intent to provide or arrange care for the dependent
  • Confirmation that they have not exceeded their entitlement
  • The specific days or parts of days they wish to take off

Employees should give as much notice as possible to take Carer’s Leave but should give notice equal to twice the length of the leave they intend to take or three days, whichever is longer.

Postponing Carer’s Leave

You may decide to postpone an employee’s request for carer’s leave for up to one month, if you reasonably consider that the operation of your business would be unduly disrupted if they took carer’s leave at the time they have asked for. Although, you should try to avoid postponement wherever possible.

If you wish to postpone an employee’s request, you must consult with the employee before determining a new date for them to take the carer’s leave requested. This must be within one month of the original date(s) requested.

As an employer, it's crucial to understand and effectively implement carer’s leave to ensure that your workforce feels supported and valued.

We recommend updating your employee handbook to incorporate this policy in order to set clear guidelines for those employees wanting to take carer’s leave. If you require assistance in drafting a Carer’s Leave policy or any additional policies, please do not hesitate to reach out to us at [email protected].

Navigating the New Statutory Carer’s Leave Policy: A Guide for Employers
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