As of 4th December 2023, employers have the right to one week of unpaid carers’ leave. This is a day 1 right for all employees who have dependants.
This new legislation was introduced in recognition of a growing number of the working population who find it a struggle to juggle work with their caring responsibilities.
The Qualifying Need for Care
To justify unpaid carers’ leave, the employer should carefully consider:
- The relationship with the employee;
- The long-term care need
The dependent should “reasonably rely” on the employee for their care. They should be related to the employee i.e. spouse, civil partner, child or parent. They require care and support because they have a long term illness or injury, a disability defined by the Equalities Act or issues related to old age.
What could the leave be used for?
Unpaid carers’ leave does not need to be taken in a one week block. It can be taken more flexibly in individual days or half days. The government has not stipulated what exactly the leave can be used for, but examples include accompanying the dependent to medical appointments, supporting them with financial matters and personal support.
Notice Period
The employee must give the same statutory amount of notice as annual leave i.e. twice the length of leave requested plus one day.
Denying Leave Request
The employer can only deny the request if they do not feel that the employee meets the definition of being a carer. Otherwise they can ask the employee to postpone the leave but not deny it. Grounds for requesting postponement are strictly limited to when an employer considers that the operation of their business would be unduly disrupted.
Evidence Required
Employees are required to self-certify their absence. There is no further requirement for evidence. If they make a claim which is then found to be false, this may result in disciplinary proceedings.
Employment Protections
Dismissals associated with exercising the right to carer’s leave will be automatically unfair dismissal.
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