The Carers Leave Act 2024 gives employees a day-one right to one week’s unpaid leave per year to provide or arrange care for a dependant with a serious illness or injury.

Key Takeaways

  • The Carers Leave Act 2024 came into force on 6 April 2024
  • Employees have a day-one right to one week’s unpaid leave per year
  • Leave can be taken in blocks or half-days
  • No qualifying period required - applies from first day of employment
  • Employees must provide notice and may need to provide evidence

What the Act Covers

Eligible Employees

  • All employees from day one of employment
  • No minimum service requirement
  • Includes part-time and zero-hours workers
  • Applies to agency workers (for qualifying assignments)

Dependents

  • Spouse or civil partner
  • Child (under 18 or adult child)
  • Parent
  • Person living in same household (not tenant/lodger)
  • Anyone who reasonably relies on employee for care

Qualifying Conditions for Dependant

  • Serious illness - illness or injury requiring ongoing care
  • Terminal illness - regardless of prognosis
  • Disability - that requires ongoing care
  • Old age - requiring care and support

Leave Entitlement

Duration

  • One week of unpaid leave per year
  • Calculated as - average weekly working hours
  • Can be taken in blocks - of one or more days
  • Can be taken as half-days - if employee works half-day shifts

What Counts as “One Week”

  • Full-time employees - 5 working days
  • Part-time employees - average of weekly working hours
  • Variable hours employees - average over previous 12 weeks

Request Process

Notice Requirements

  • Minimum notice - 3 days before leave starts
  • Notice can be shorter - if care needs are urgent
  • Emergency situations - notice as soon as reasonably practicable

What Employee Must Provide

  • Written notice - of intention to take leave
  • Dates of leave - when leave will be taken
  • Reason - that leave is for care of dependant
  • Evidence - may be requested by employer

What Employer Can Do

  • Request evidence - to confirm eligibility
  • Discuss timing - when leave is taken
  • Refuse if - evidence not provided or not eligible
  • Delay leave - only in exceptional circumstances

Employer Obligations

Must Allow Leave

  • Day-one right - cannot refuse eligible requests
  • Unpaid leave - no requirement to pay
  • Flexible approach - should accommodate requests where possible
  • No detriment - cannot treat employee less favorably

What Employers Cannot Do

  • Refuse eligible requests - must grant statutory leave
  • Count against absence - should not trigger absence procedures
  • Discriminate - due to caring responsibilities
  • Require medical evidence - cannot demand medical proof
  • Delay excessively - only exceptional circumstances

Special Circumptions

Multiple Dependents

  • Separate entitlement - one week per year regardless of dependents
  • Different dependents - can be for same or different dependents
  • Cannot combine - cannot claim more than one week

Advance Planning

  • Planned care - employee can plan leave in advance
  • Flexible scheduling - can take leave in blocks
  • Notice period - should provide reasonable notice

Emergency Care

  • Urgent situations - notice as soon as practicable
  • Terminal illness - leave can be taken flexibly
  • Sudden deterioration - immediate leave may be required

Interaction with Other Leave

Annual Leave

  • Can use annual leave - instead of or alongside carers leave
  • Employer may require - use annual leave for planned care
  • Employee choice - which type of leave to use

Unpaid Leave

  • Carers leave is unpaid - no payment required
  • Other unpaid leave - separate entitlement
  • Can combine - different types of leave

Flexible Working

  • Can request flexible working - to provide care
  • Separate right - to request flexible working
  • Can use both - carers leave and flexible working

Managing Carers Leave

For HR Teams

  1. Develop clear policy - document procedure for requests
  2. Train managers - on statutory obligations
  3. Track leave - monitor usage of carers leave
  4. Verify eligibility - check dependant status
  5. Protect confidentiality - personal care information

For Managers

  • Handle requests flexibly - care needs can be unpredictable
  • Maintain confidentiality - protect employee privacy
  • Avoid questions - about nature of care needed
  • Plan coverage - arrange work during absence
  • Support employee - be understanding of situation

Leave Management for Carers Leave

Effective management requires:

  • Dedicated absence category - track carers leave separately
  • Flexible scheduling - accommodate care needs
  • Evidence tracking - record eligibility confirmation
  • Manager guidance - clear process for requests
  • Policy integration - connect with absence policies

Compliance Checklist

  • Carers Leave policy in place
  • Managers trained on statutory obligations
  • Process for handling requests established
  • Absence tracking system configured
  • Evidence requirements documented
  • Employee communication completed
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