In 2024, there have been numerous noteworthy changes to family-friendly rights in employment law, all geared towards enhancing support and flexibility for workers and employers. The Carers Leave Act was introduced on 6th April 2024. These carers’ leave regulations intend to support employees with caring responsibilities who may require time off from their place of work.
In this article, we outline the details of personal carer’s leave and how employers should handle employee requests for it.
Jump to section:
- What is carer's leave?
- Which employees are entitled to carer's leave?
- Is there a minimum length of service required?
- What if an employee has caring responsibilities for more than one person, do they get more than one week of carer's leave in a year?
- How is a week of carer's leave worked out for those with varying working patterns?
- Can requests made verbally be refused?
- What do employees have to set out when making a request?
- What process should an employer follow when a request for flexible working is received?
- Does an employee have the right to be accompanied?
- Can I refuse a request for a carer's leave due to business reasons?
- Is a consultation meeting required if the employer knows they can agree to the request?
- IMPORTANT! Before turning down a request…
- What if an employee makes a request for flexible working on the grounds of health?
- If I pay staff for time off for dependents in an emergency, do I also need to pay them for carer's leave?
- Do I need to change my employee handbooks?
- Need support?
What is the carer leave entitlement?
- The carer leave entitlement is one week of unpaid leave in a 12-month period.
- The definition of one week is the time the individual would typically work in a 7-day period. For example, someone who works 5 days a week will be entitled to 5 days of carer’s leave, and someone who works 2 days a week will be entitled to 2 days of carer’s leave.
- The carer’s leave can be taken in one go. Alternatively, it can be taken individually or in half days.
Which employees are entitled to carer’s leave from work?
- The right to carer’s leave applies to employees only. This usually precludes those working under atypical contracts, such as zero-hours workers. However, employers must seek advice from Avensure before turning down a request for personal carer’s leave. We will need to ensure that the individual does not meet the legal definition of an employee.
- It is a day one right; any employee can request carer’s leave from their first day.
- Carer’s leave is time off to give or arrange care for a dependent who requires long-term care.
Can carer’s leave be taken an hour at a time?
No, the annual carers allowance cannot be taken in sporadic hour slots throughout the year; it must be taken as whole days or a minimum of half days.
If an employee has caring responsibilities for multiple people, do they get more than one week of carers leave entitlement annually?
No, in the same way, you don’t get two lots of maternity leave for twins; the carers leave entitlement is one week, irrespective of whether the employee cares for more than one person. However, the carer’s leave does not have to be used for the same dependent.
How is a week of personal carer’s leave calculated for those with varying working patterns?
For employees who work varying hours each week or for part of a year, to calculate their carers leave entitlement, the employer should add up the hours they have worked in the previous 12 months. This can include weeks where a holiday has been taken.
The total hours are divided by 52 weeks or the number of weeks they’ve worked if they’ve been employed for less than one year. This will give the amount of carer’s leave they are entitled to.
For example, Bob works variable hours each week. When he requests to take a week of carer’s leave, he has worked 650 hours in the past 12 months. 650 ÷ 52 = 12.5 hours. Bob can take 12.5 hours of carer’s leave.
Do employees have to give any notice before taking carers leave?
Yes, before taking carers leave, the employee must notify the employer.
- For half a day of carer’s leave, 3 full days of notice is required.
- For a day or more, the employee must give twice the notice as to the required time off. For example, if the employee requests 2 days of personal carer’s leave, they must provide 4 days’ notice.
The request does not have to be submitted in writing, and the employer should record the time off as their annual carers allowance, not sick or annual leave.
Who is a dependent, and what is considered a long-term care need?
Examples of dependents can include:
- Partner, husband, wife, civil partner.
- Children
- Parents
- Someone who lives in their household.
- Someone relying on the employee for care can include, for example, a member of the wider family with a disability or an elderly neighbour.
A dependent with a long-term care need is someone with:
- A physical or mental illness or injury that means they’re expected to need care for more than 3 months.
- Under the Equality Act, a disability is defined as a physical or mental impairment with a ‘substantial’ and ‘long-term’ negative effect on one’s ability to perform routine daily activities.
- Care needs because of their old age.
Can I insist an employee provide evidence of their caring responsibilities or the medical problems affecting their dependent?
Employees do not have to give their employer evidence of their dependent’s care needs; however, the employer can ask whom they require the personal carer’s leave for.
Can I refuse a request for a carer’s leave due to business reasons?
A request for carers’ leave cannot be refused but can be delayed. It can also be postponed if the employee’s absence will cause a severe disruption to the organisation.
If the carer’s leave from work is being delayed, the employer must:
- Agree to an alternative date within 1 month of the employee’s original request.
- Write out the reasons for the delay within 7 days of the request submission date or before the leave starts, whichever is earlier.
IMPORTANT! Before turning down a request…
Advice must be sought from Avensure before turning down a request for this type of leave. As well as being a statutory right, where an employee has a dependent with a disability, less favourable treatment of the employee due to their association with a disabled person can result in a claim for discrimination by association (or associative discrimination).
What about time off at short notice for emergency carers leave where notice cannot be given?
Employees who require emergency carers leave to care for dependents can do so, and this is referred to as time off for dependents. Time off for this reason is usually used in a genuine emergency, for example, needing to pick a child up from school if they are unwell, a family member being rushed into hospital and so on.
Time off for dependents is a statutory right and is usually unpaid (unless the contract provides for payment under these circumstances).
Carer’s leave does not affect an employee’s right to time off for dependents in an emergency, and employers should not retrospectively allocate time off in an emergency as carer’s leave. The two types of leave are different entitlements.
If I pay staff for time off for dependents in an emergency, do I also need to pay them for carer’s leave?
If you have a policy or contractual provision which sets out entitlement to paid carers leave where you would not have a legal obligation to do so, such as paid time off for dependents, it is advisable to take advice from us as to whether this policy needs to be updated.
This ensures no confusion between the two types of leave and avoids the implication that payment will also be made for the carer’s leave. Similarly, if you wish to pay employees for carer’s leave, any existing policies must be updated to reflect this.
Please note– there is no legal requirement to pay employees for carer’s leave.
Do I need to change my employee handbooks?
Not unless you have an existing policy requiring amendment as stated above or wish to introduce an entitlement to paid carers leave.
Finally… it is essential to remember that the right to carer’s leave is statutory, and employees should not be subject to any detriment at work for enforcing their right to this type of leave. Detrimental treatment includes (but is not limited to) being selected for redundancy, having their employment terminated, hours reduced, passed over for promotion, and so on.
Need support?
For tailored guidance related to your organisation and employment contracts, reach out to the Avensure advice line to speak with one of our knowledgeable experts.
Our Avensure Advisors possess extensive experience and are ready to provide advice and direction. We can help ensure that your business correctly implements these new regulations for your staff and update any Caregiver Leave policies.
If you are interested in discussing how this law will impact your business, its practical application, the protections available to employees considering or taking leave, and the necessary steps forward, please don’t hesitate to contact us. Click here to get in touch: Avensure Contact!
The Carers Leave Act FAQs
When can an employee request their annual carers allowance?
Under the new carers leave regulations, carers leave is a day-one right for employees. To ensure your company acts within the current legal framework for allowing carers leave, contact Avensure, who has experts who will support you. Individual employees may be subject to different entitlements due to the nature of their employment contracts, and a quick consultation with us will ensure you abide by the carers leave legislation.
Am I required to pay my employees for taking carers’ leave?
As an employer, you may decide to pay your employees when taking carers leave, but it is discretionary. If your organisation has a policy that states employees are entitled to paid carers leave, you are legally obliged to uphold that. Communication is paramount in these situations to ensure employees and employers understand the financial implications of taking leave. If you are in doubt regarding your company policies, Avensure is available to support you.
Author
-
Rebecca obtained her BA (Hons) degree from Manchester Metropolitan University and began her career in HR whilst working in the Private Healthcare Sector. It was during this time she went on to complete her Post Graduate Diploma in Human Resource Management at Manchester Metropolitan Business School and developed a very keen interest in employment law.
View all posts