The Carer’s Leave Act 2023 introduced a new statutory right to unpaid carer’s leave for employees in England, Scotland, and Wales. This groundbreaking legislation gives employees the right to take time off to care for a dependant with a serious illness or injury, without fear of dismissal or detriment. For employers, implementing this new right requires a clear policy that balances employee support with business needs. This template provides a ready-to-use carer’s leave policy aligned with the Act.
Key Takeaways
- The Carer’s Leave Act 2023 provides 1 week of unpaid carer’s leave per year for employees caring for a dependant.
- Leave can be taken in full days, half days, or single-hour blocks.
- No qualifying period is required — the right applies from day one of employment.
- Employees cannot be dismissed or subjected to a detriment for taking carer’s leave.
What This Template Covers
This template provides a complete carer’s leave policy for UK employers, fully aligned with the Carer’s Leave Act 2023. It covers eligibility, the definition of “dependant,” entitlements, notification requirements, practical implementation, and the interaction between carer’s leave and other leave types. It is designed for businesses of all sizes operating in England, Scotland, and Wales.
Carer’s Leave Policy Template
1. Purpose
[Company Name] recognises that many employees have caring responsibilities alongside their work. This policy outlines the unpaid carer’s leave entitlement available under the Carer’s Leave Act 2023, ensuring employees can fulfil their caring responsibilities without fear of dismissal or detriment.
2. Scope
This policy applies to all employees of [Company Name] in England, Scotland, and Wales, regardless of length of service, employment status, or hours worked. It does not apply to employees in Northern Ireland, which has separate carer’s leave provisions.
3. Legal Framework
The Carer’s Leave Act 2023 (which came into force on 6 April 2024) amends the Employment Rights Act 1996 to provide:
- A day-one right to unpaid carer’s leave.
- 1 week of leave per year for employees who are or expect to be a carer for a dependant.
- Protection from dismissal and detriment related to taking carer’s leave.
4. Definition of “Dependant”
Under the Carer’s Leave Act 2023, a “dependant” includes:
- A spouse, civil partner, child, parent, grandparent, grandchild, or sibling of the employee
- A person who lives at the same address as the employee (other than a tenant, lodger, boarder, or employee)
- A person who relies on the employee for care due to old age, disability, illness, or injury
5. Entitlement
Eligible employees are entitled to:
- 1 week of unpaid carer’s leave per year (calculated as the number of days the employee normally works in a week, e.g., 5 days for a full-time employee).
- Leave may be taken in full days, half days, or single-hour blocks — the employee can choose the increment that best suits their caring responsibilities.
- Leave can be taken to provide or arrange care for a dependant with a serious illness or injury, or a condition that requires care or support.
- Leave can also be taken to anticipate a need for care (e.g., attending medical appointments in advance of a procedure).
6. Notification Requirements
- Employees must notify their manager of their intention to take carer’s leave at least [3 days / the day before] before the first day of leave (or, in the case of an emergency, as soon as reasonably practicable).
- The notification must include:
- The dates of leave requested
- A statement that the leave is for a dependant (employees are not required to provide the dependant’s name or details of their condition)
7. Interaction with Other Leave
- Carer’s leave is separate from annual leave, sick leave, parental leave, and other statutory leave entitlements.
- Employees may take carer’s leave in addition to other leave types.
- Employees may choose to take annual leave instead of carer’s leave if they prefer paid leave for caring responsibilities.
- Carer’s leave does not affect the employee’s entitlement to Statutory Sick Pay (SSP) or other statutory payments.
8. Protection from Detriment and Dismissal
Under the Carer’s Leave Act 2023:
- Employees must not be subjected to a detriment (e.g., reduced hours, unfavourable treatment) because they took or proposed to take carer’s leave.
- Dismissal of an employee because they took or proposed to take carer’s leave is automatically unfair dismissal, regardless of length of service.
- Employees who believe they have been subjected to a detriment or unfairly dismissed may bring a claim to an employment tribunal within 3 months of the detriment or dismissal.
9. Record-Keeping
[HR Contact/Department] will maintain records of carer’s leave taken by employees. Records will include:
- Employee name
- Dates of leave
- Duration of leave
- Confirmation that the leave was for the purpose specified in the Act
10. Policy Review
This policy will be reviewed annually or following changes to the Carer’s Leave Act 2023 or related regulations. Questions should be directed to [HR Contact Name/Email].
Legal Requirements Summary
| Requirement | Detail |
|---|---|
| Legislation | Carer’s Leave Act 2023 (came into force 6 April 2024) |
| Entitlement | 1 week unpaid carer’s leave per year |
| Qualifying period | None — day-one right |
| Leave increments | Full days, half days, or single-hour blocks |
| Notification | At least 3 days (or as soon as practicable in emergencies) |
| Protection | Automatic unfair dismissal; protection from detriment |
| Jurisdiction | England, Scotland, and Wales (not Northern Ireland) |
Customisation Tips
- Offer paid carer’s leave. The statutory entitlement is unpaid. Offering paid carer’s leave (even 1–2 days) is a meaningful employee benefit that demonstrates genuine support.
- Extend the entitlement. You may choose to offer more than the statutory 1 week per year if caring responsibilities are common among your workforce.
- Include a confidential disclosure process. Employees may not want to disclose their caring responsibilities publicly. Offer a confidential channel for discussing leave needs.
- Train managers. Managers are the first point of contact for carer’s leave requests. Provide training on handling these requests sensitively and in compliance with the law.
- Address Northern Ireland separately. The Carer’s Leave Act 2023 does not apply in Northern Ireland. If you have employees there, ensure their entitlements are covered under separate legislation or company policy.
Common Mistakes to Avoid
- Requiring proof of the dependant’s condition. The Act does not require employees to provide medical evidence or the name of the dependant. Requiring this may constitute a detriment.
- Refusing carer’s leave requests. While the Act does not specify a formal approval process, refusing carer’s leave or making it difficult to take may constitute a detriment.
- Not recording carer’s leave. Record-keeping is essential for compliance and for tracking usage patterns.
- Treating carer’s leave as annual leave. Carer’s leave is a separate entitlement and must not be deducted from annual leave.
- Ignoring the tribunal time limit. Employees have only 3 months to bring a tribunal claim for detriment or unfair dismissal related to carer’s leave. Ensure managers understand the seriousness of non-compliance.
Frequently Asked Questions
Does carer’s leave apply in Northern Ireland?
No. The Carer’s Leave Act 2023 applies only in England, Scotland, and Wales. Northern Ireland has separate employment law provisions. If you have employees in Northern Ireland, ensure their carer’s leave entitlements are covered under Northern Irish legislation or your company’s own policy.
Can we require employees to use annual leave instead of carer’s leave?
No. Carer’s leave is a separate statutory entitlement. You cannot require an employee to use annual leave instead of carer’s leave. However, employees may choose to take annual leave if they prefer paid leave for caring responsibilities.
What if an employee takes more than 1 week of carer’s leave?
The statutory entitlement is limited to 1 week per year. If an employee needs additional time off for caring responsibilities, they may request:
- Additional unpaid leave (at the employer’s discretion)
- Annual leave
- A flexible working arrangement
- Unpaid parental leave (if applicable)
There is no statutory right to more than 1 week of carer’s leave per year, but employers may choose to offer additional support.
leave emails? Track your employee's leave with Leave Balance
