The Carer’s Leave Act came into effect on 6 April 2024, making big changes to the lives of working caregivers in the UK.
Carers in the workplace have new rights under the legislation, and as HR professionals, it’s important to understand the scope of their rights, to support them and protect your business.
This guide takes a look at how employers can - if you haven’t already - introduce the legislation and how they can support carers in their organisation.
The Carer’s Leave Act 2023
What does the legislation mean for both employers and employees?
Carer’s leave entitlement
The act created statutory entitlement to carer’s leave.
Eligible employees can take up to one week of unpaid carer’s leave within a 12-month period from their first day of employment to provide or arrange care for a dependent with a long-term care need.
A dependent is a spouse, civil partner, parent, child or anyone living in the same household as the employee - but this does not include a lodger or tenant.
If the person reasonably relies on an employee to arrange or provide care, the employee will be entitled to leave under the act for caring for that dependent.
The ‘long-term care need’ definition includes:
- The needs of any person who requires care for their old age
- Any person that has a disability under the Equality Act 2010
- A person who has a physical or mental illness or injury that requires, or is likely to require care for more than three months
Flexible leave
Employees are entitled to a period of leave that is equal to their usual working week.
For example, if a person works three days a week, then they are entitled to three days’ carer’s leave.
The employee can choose whether the leave is taken in full days, half days or the full week in one go, providing flexibility for caregiving duties.
Days off do not need to be consecutive either, allowing better management of caregiving responsibilities.
Notice requirements
Employees must give written notice to their employer before taking carer’s leave.
Notice should be twice the leave requested or three days if longer, like for holiday requests.
Employer’s right to delay leave
If carer’s leave significantly disrupts business operations, employers can delay an employee’s carer’s leave.
Employees must be notified before the leave starts, with clear reasons provided if an employer wishes to postpone leave.
Postponement can only be for a maximum of one month.
What employers need to know
Know the legislation
Employers need to know how the legislation will affect employees to ensure both the employer and employee oversee the law effectively:
- Employees have a right under the act to return to the same job following carer’s leave
- While on carer’s leave, employees must still be treated in accordance with the terms of their employment. For example, employees will still receive any staff benefits an employer has in place, as well as accrue holiday days
- The act details an employee’s right to pursue and employment tribunal claim if they have grounds to believe an employer has prevented or unreasonably postponed their request for carer’s leave
Know the carers on your team
The Carer’s Leave Act indicates that employees are eligible for leave under certain criteria, which is why employers need to know who is entitled to carer’s leave within their team from the earliest convenience.
Employers can ask about a person’s caregiving responsibilities during the onboarding process, bring up the topic of care during 1-2-1s or set up a Carer’s Network with the help of KareHero to create a unified environment for carers to share their stories.
This way, employers will know that they may receive carer’s leave requests, and will have support in place for when they do.
Acknowledge their rights
Taking a proactive approach to implementing the Carer’s Leave Act is the most effective way to acknowledge the rights of the employee and how it may affect them and the business.
By acknowledging their rights:
- Employees with a dependent will feel seen and supported in the workplace
- Employers have the opportunity to communicate how their workplace has or will incorporate the legislation, such as who to communicate notice with and how long before taking carer’s leave
- A proactive approach to the legislation helps employees feel comfortable to request carer’s leave and feel confident of the process surrounding it
Update company policies
There are a few things employers should be aware of when updating company policies:
- It is not a legal requirement for employers to create a new carer’s leave policy, however, make sure any policies around employee leave and time off are updated and in line with the Carer’s Leave Act - meaning employees with little knowledge of the act will understand their rights at work more easily
- Employers are not under any legal obligation to pay staff during carer’s leave, however, businesses can choose to do so if they wish. If that is the case, employees should be made clear that your organisation’s carers leave offering is ‘paid leave’
- Your staff handbook could incorporate the carer’s leave policy, making it easier for employees to refer back to when needed
Updating policies helps the employer and employee understand the clear-cut procedure, helping employers approve and monitor leave in a streamlined way.
With an ageing workforce and population, the likelihood that more employees will become caregivers while in employment will continue to rise.
And it is because of this that employers need to put in frameworks, policies and strategies to prepare for the future.
By supporting employees with caregiving responsibilities, employers will foster a welcoming and supportive work environment, retaining this key talent demographic in the organisation.