On 6 April 2024, the Carer’s Leave Regulations 2024 will come into force. These will introduce a new entitlement of one week’s unpaid leave per year for employees who are providing or arranging care for a dependant with a long-term care need. The leave can be taken in either individual days or half days, up to a block of one week. Employee’s will need to give notice which will be either twice as many days in advance as the period of leave required, or 3 days in advance of when the leave is required whichever is the earlier. No evidence will be required in relation to the request before granting the leave. The notice can be waived by the employer if the other requirements of the regulations have been met. There is the option for an employer to postpone a Carer’s leave if certain circumstances apply. An employee will be protected from detriment and dismissal if the reason is because they took or sought to take Carer’s leave.
Who is a dependant?
They could be:-
- a spouse, civil partner, child or parent of the employee;
- live in the same household as the employee, otherwise than by reason of being the employee’s boarder, employee, lodger or tenant, or Live in the same household as the employee, otherwise than by reason of being the employee’s boarder, employee, lodger or tenant; or
- reasonably rely on the employee to provide or arrange care.
What is a “long term care need”?
This is if they have any one of the following:-
- an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months;
- a disability for the purposes of the Equality Act 2010; or
- that they require care for a reason connected with their old age.
The contents of this article is a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.
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