Introduction
Starting 6 April 2024, the UK’s Carer’s Leave Act grants unpaid carers the right to take up to one week of unpaid leave each year to tend to a dependant with long-term care needs. This legislation applies to employees across England, Scotland, and Wales, enabling them to manage their work and care giving responsibilities more effectively.
What Employers Need to Know
Eligibility and Entitlements: The new law entitles all employees, regardless of their employment duration, to one week’s leave per year, which can be taken flexibly—either in half days, full days, or as a whole week. This is aimed at supporting employees with caregiving responsibilities from their first day of employment.
Definition of a ‘Dependant’: A dependant might be a spouse, civil partner, child, parent, or any person living in the same household, or someone who relies on the employee for care due to conditions requiring long-term care, including physical or mental illnesses, disabilities, or old age needs.
Notification Requirements: Employees are required to notify their employer about their intention to take carer’s leave. The notice should be at least double the length of the leave requested if it’s more than a day; for shorter leaves, a minimum of three days’ notice is needed. Interestingly, employers cannot demand proof of the caregiving situation.
Employer’s Authority to Postpone: While employers cannot refuse carer’s leave, they can postpone it if they believe that the employee’s absence would significantly disrupt business operations. In such cases, they must propose an alternative date within a month of the originally requested date and provide written notice within seven days of the request.
Protection for Employees: Importantly, the new law protects employees taking carer’s leave from dismissal or any detrimental treatment due to their absence. This aligns with protections offered under other types of family-related leave.
Impact on Businesses: The introduction of carer’s leave is expected to reduce employee turnover and associated recruitment and training costs by supporting employees to balance their personal responsibilities with professional commitments. It is a progressive step towards creating a more inclusive and supportive working environment.
Actions for Employers
Employers should prepare for the implementation of this law by:
- Reviewing and updating their HR policies and employee handbooks to incorporate the new carer’s leave entitlements.
- Training management on the nuances of the new law to ensure compliance and to handle leave requests effectively.
- Setting up systems to track and manage leave requests to ensure smooth operational transitions when employees are absent.
How CP Law Associates Can Help You
The Carer’s Leave Act is a significant addition to employment law, aimed at supporting the millions of unpaid carers in the UK. As an employer, it is crucial to understand these changes and integrate them into your business practices to avoid potential legal challenges and to support your employees effectively.
Need more information? Speak to our employment lawyers today.