Carer’s Leave Act

Carer’s Leave Act 2023

The Carer’s Leave Act is an important improvement in the rights of unpaid carers. The act, which came into effect in April 2024 enables carers who are employed to take up to five whole days’ unpaid leave per year to accommodate their caring responsibilities.

It is hoped that some employers will go beyond the limits of the law and provide paid rather than unpaid leave.

The new act started life as a Private Member’s Bill tabled by Wendy Chamberlain MP.
 

How does it work?

Carer’s Leave gives an entitlement to five days off a year. The time can be taken as required – it doesn’t have to be all at once, or a full day at a time. Carers can take just the hours they need on any given occasion. Five days of carer’s leave is the right for those who work full-time. Part-time employees will have a pro rata entitlement, depending on how many hours they work in a week.

Importantly, there will be no requirement to provide evidence of how the leave is used, it can be anything to do with caring responsibilities. An obvious example might be accompanying a loved one to a medical appointment, but it could equally be used to take a break from caring responsibilities.

Until now, employers had no legal obligation to take account of the caring responsibilities some of their employees might have. The MS Society carried out a survey recently, in which two thirds of carers who responded said that caring duties had an impact on their work.
 

Who is entitled to carer’s leave?

The legislation affects unpaid carers in England, Scotland and Wales. It is a right that is available from the first day of employment.

Anyone who provides or arranges care for somebody with long-term needs is entitled to the leave. The person being cared for could be a family member or friend, and the need for care could be because of a physical or mental disability, injury, old age or long-term condition. The maximum amount of leave that can be taken is five days a year, even if you provide care for more than one person.

The Carer’s Leave Act provides employment protections to employees in the same way as other types of family-related leave, including protection from dismissal.

The employer cannot ask an employee to prove that they are an unpaid carer. It is up to the individual to identify themselves as a carer and request the leave.
 

How to request leave

This law provides time off for “planned and foreseen” caring commitments. In urgent situations, there is a separate legal right to take a reasonable amount of time off work to deal with an emergency involving someone who relies on the employee’s care.

You need to advise your employer in advance that you are requesting carer’s leave, but it doesn’t have to be in writing.

You should give notice at least three days in advance if you are requesting a half day, or single day, of leave. If you are asking for longer, you need to give twice as many days’ notice as the requested leave period. So, for two days’ leave, you need to give four days’ notice.
 

Can leave be refused?

Employers are not allowed to turn down the request, but they can postpone it, if they “reasonably consider that the operation of their business would be unduly disrupted” by the request being granted.

In case of postponement, the employer must reach agreement with the employee on a new date, which should be within one month of the original date requested.

They should give notice in writing of the postponement together with the reason(s), and the agreed date when the leave can be taken. This notice must be given within seven days of the original request.
 

Carer’s Allowance needs reform

Unpaid carers still miss out on badly needed support. Carer’s Allowance has strict rules around eligibility, and can’t be claimed by people receiving a state pension. Many carers are retired, or have had to give up work because of their caring responsibilities. The Carer’s Leave Act doesn’t help these people at all.

The Carer Poverty Coalition was set up in February this year by 100 national and local organisations, who are calling for the eligibility criteria and how much the benefit is worth to be improved (external link will open in a new browser tab or window).

 

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Further reading and resources

There is an area on Independent Living dedicated to carer resources

Cross-government Unpaid Carers Action Plan launched

Family carers exhausted and burnt out

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