What Is the Carer’s Leave Act 2023?
The Act gives employees (not workers) the legal right to take up to one week’s unpaid leave every 12 months to provide or arrange care for a dependant with a long‑term care need. The entitlement is a day‑one right, available from the first day of employment and carries protections similar to other family‑related leave, including protection from dismissal and the right to return to the same job.
The law is intended to make it easier for employees to manage planned caring responsibilities (for example, medical appointments or arranging care packages) without having to rely on ad‑hoc arrangements or annual leave.
When Does the Law Come Into Effect?
The Carer’s Leave Act’s implementing regulations came into force on 6 April 2024. From that date, eligible employees can request and take carer’s leave under the statutory framework. Employers should ensure policies and manager guidance reflect the law from this point onward.
Who Is Eligible for Carer’s Leave?
Eligibility is broad and focuses on the employee’s caring role:
- Employees (full‑time or part‑time) have the right to take carer’s leave from day one of employment.
- The person being cared for can be a dependant such as a spouse/partner, child, parent, someone who lives in the employee’s household (excluding tenants/lodgers/employees), or any person who relies on the employee for care, e.g., an elderly neighbour.
Importantly, employers cannot require evidence that the employee is a carer as a condition of granting the leave, though employees must give appropriate notice (see below).
How Much Leave Can Employees Take?
Employees can take up to one working week of unpaid leave every 12 months. A “week” matches the employee’s normal working pattern over seven days:
- If someone works 5 days/week, they can take 5 days of carer’s leave.
- If they work 3 days/week, they can take 3 days.
- Those with variable hours should calculate an average based on hours worked in the previous 12 months (total hours ÷ 52). If employed less than a year, use the expected weekly hours.
The leave is flexible: it can be taken as half‑days, full days, or a single block up to the employee’s working week. The entitlement is one week total per 12 months, not one week per dependant; however, it can be used across more than one dependant.
What Counts as a ‘Dependant with Long-Term Care Needs’?
A dependant qualifies if they have:
- A disability (as defined in the Equality Act 2010)
- An illness or injury likely to require care for at least 3 months; or
- Care needs related to old age.
Examples include supporting a disabled child with hospital appointments, arranging a dementia care placement for a parent, or providing meals and company for a housebound neighbour while their main carer is away.
Employee Rights and Protections Under the Act
During carer’s leave, employees retain core employment protections:
- Protection from dismissal or detriment because they took or sought to take carer’s leave.
- The right to return to their job after leave.
- Continuity of employment and associated rights (such as annual leave accrual) are preserved while on carer’s leave.
Notice Requirements & Postponement
- For half‑day/day requests, employees must give at least 3 days’ notice.
- For multi‑day requests, notice must be twice the length of the leave requested (in full days).
- Employers cannot refuse carer’s leave, but may postpone it if absence would cause serious disruption (or “undue disruption”) to operations, provided they give a written counter‑notice with reasons and an alternative date within one month of the requested start date.
Note: Carer’s leave covers planned/foreseen caring commitments. For emergencies, employees may rely on separate rights to time off for dependants.
How Employers Should Prepare for Compliance
To implement the Carer’s Leave Act effectively:
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Update Policies & Handbooks: Add a Carer’s Leave policy covering eligibility, request process, notice periods, and postponement criteria. Align with existing family‑friendly policies to ensure consistency.
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Train Managers & HR: Provide training on assessing notice requests, handling postponements, and protecting employees from detriment. Reinforce that no evidence is required from employees to verify caring status.
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Create Simple Request Channels: Offer straightforward routes (portal form or email) to submit requests and log leave, with clear response timeframes and documentation of any postponement decision.
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Plan for Operational Coverage: Use cross‑training and contingency staffing to manage short absences without disruption. This reduces the need for postponement and supports a positive employee experience.
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Communicate Support: Publicise the policy, along with signposts to Employee Assistance Programmes, flexible working, and other caring‑friendly measures. Clear communication boosts uptake and trust.
Why Carer’s Leave Matters for Workplace Wellbeing
Supporting unpaid carers enhances employee engagement, retention and productivity. The ability to take planned leave reduces stress, helps prevent burnout, and demonstrates that the organisation values life commitments outside work. Implementing carer’s leave alongside flexible working and wellbeing resources fosters a more inclusive culture and aligns with best practice in family‑friendly employment.
