Carer’s leave is time off from work for employees who need to provide care or support to a family member or dependant with a serious illness, injury, disability or care need. It recognises the growing number of employees balancing paid work with unpaid caring responsibilities. In the UK, the Employment Relations (Flexible Working) Act 2023 introduced a statutory right to one week of unpaid carer’s leave per year, while Australia’s Fair Work Act provides paid personal/carer’s leave for eligible employees.
Key Takeaways
- UK employees have a statutory right to one week of unpaid carer’s leave per year from day one of employment
- Australian employees can access two days of paid personal/carer’s leave per occasion for family care needs
- Carer’s leave applies to a wide range of dependants, not just parents or partners
What Is Carer’s Leave?
Carer’s leave is a formal absence entitlement that allows employees to take time off to care for someone who depends on them for support. This can include a spouse or partner, a child, a parent, a grandparent, a sibling, or anyone who lives in the same household. The need for care can be sudden, such as a hospital admission, or ongoing, such as managing a chronic condition or disability.
The purpose of carer’s leave is to recognise that many employees have significant caring responsibilities outside of work. The Carers UK organisation estimates that around one in seven adults in the UK provides unpaid care, and this figure is rising as the population ages. Without formal carer’s leave provisions, employees often use annual leave, sick leave or simply resign from their roles, which is costly for both the individual and the employer.
Carer’s leave is distinct from compassionate leave, which typically responds to a sudden crisis such as bereavement. Carer’s leave can be planned or unplanned, and it may be taken in blocks or intermittently depending on the care need. It also differs from family and medical leave, which in some jurisdictions covers longer periods and more serious conditions.
Who Is Eligible for Carer’s Leave?
United Kingdom
From 6 April 2024, all employees in the UK have a statutory right to one week of unpaid carer’s leave per year under the Employment Relations (Flexible Working) Act 2023. The right is available from the first day of employment with no minimum service requirement. The leave can be taken to provide care for a dependant with a serious illness, injury or disability, or a dependant who requires care for a reason related to old age. A dependant includes a spouse, partner, child, parent, grandparent, sibling or anyone living in the same household.
Employees must give notice equal to twice the length of leave requested, or three days if the need is not reasonably foreseeable. Employers cannot refuse carer’s leave but can defer it by up to six months if the timing would cause serious disruption to the business.
Australia
Under the Fair Work Act 2009, full-time employees accrue 10 days of paid personal/carer’s leave per year. Employees can take two days of paid leave on each occasion when a member of their immediate family or household is seriously ill, injured or dies. This is a minimum entitlement under the National Employment Standards. Part-time employees receive a pro-rata entitlement, and casual employees receive two days of unpaid carer’s leave per occasion.
United States
There is no federal statutory right to paid carer’s leave. However, the FMLA provides up to 12 weeks of unpaid leave for qualifying reasons, including caring for a family member with a serious health condition. Eligibility requires 12 months of employment and 1,250 hours worked. Several states, including California, New York and Oregon, have enacted paid family leave programmes that provide partial wage replacement during carer’s leave.
Carer’s Leave Entitlements by Country
| Country | Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | 1 week unpaid per year | Unpaid | Available from day one of employment |
| AU | 2 days paid per occasion | Paid at full rate | Casual employees get unpaid leave |
| US | Up to 12 weeks under FMLA | Unpaid federally | Some states offer paid family leave |
How to Request Carer’s Leave
- Notify your employer — give notice as required by your jurisdiction. In the UK, this is twice the length of the leave requested or three days if the need is not foreseeable.
- Specify the reason — employees should explain that they need to care for a dependant but are not required to provide detailed medical information.
- Agree on timing — where possible, coordinate with your manager to minimise disruption, though employers cannot refuse reasonable requests.
- Provide documentation — employers may request evidence such as a medical certificate confirming the dependant’s condition.
- Use the leave as needed — carer’s leave can typically be taken in blocks or as individual days depending on the policy.
Employer Obligations for Carer’s Leave
- Grant the leave — in the UK, employers cannot refuse statutory carer’s leave, though they can defer it in limited circumstances
- Do not discriminate — employees with caring responsibilities are protected from less favourable treatment under equality legislation
- Keep information confidential — care needs are sensitive personal data and should be handled accordingly
- Offer flexibility — consider flexible working arrangements for employees with ongoing caring responsibilities
- Train managers — line managers should understand carer’s leave policies and handle requests with empathy and efficiency
Common Mistakes
- Requiring employees to use annual leave instead of granting separate carer’s leave
- Treating carer’s leave absences as performance or attendance issues
- Failing to track carer’s leave separately from other absence types
- Applying rigid notice requirements without considering the unpredictable nature of care needs
- Not recognising that caring responsibilities may affect employees at any career stage
FAQ
What is carer’s leave?
Carer’s leave is time off work for employees who need to care for a family member or dependant with a serious illness, injury, disability or care need. In the UK, statutory carer’s leave provides one week of unpaid leave per year from day one of employment.
Is carer’s leave paid?
In the UK, statutory carer’s leave is unpaid, though many employers offer paid carer’s leave as a contractual benefit. In Australia, employees can access paid personal/carer’s leave. In the US, the FMLA provides unpaid leave, though some states offer paid family leave programmes.
Who counts as a dependant for carer’s leave?
A dependant typically includes a spouse or partner, child, parent, grandparent, sibling, or anyone living in the same household. The UK’s statutory definition is broad and includes anyone who relies on the employee for care.
Can my employer refuse carer’s leave?
In the UK, employers cannot refuse statutory carer’s leave but can defer it by up to six months if the timing would cause serious disruption. In other jurisdictions, employer policies vary, and it is important to check your contract and local employment law.
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