Search

How can we help?

Icon

FAQ’s on the new Carer’s Leave Act

Beginning on 6 April 2024, the Carer’s Leave Act comes into force, meaning carers are now entitled to request 1 week’s unpaid leave to provide and arrange care for their dependants. Here is a quick summary of what you might want to know:

Who can use carer’s leave?

Any employee who has a dependant with a long term care need.

Dependants include any spouse, civil partner, child or parent of the employee, who live in the same household as the employee but who is not their tenant, lodger, boarder or employee or reasonably rely on employee to provide / arrange care.

A long term care need includes any disability as described by the Equality Act 2010, any care required for reason connected with old age, and any illness / injury (mental or physical) that is likely to require care for more than 3 months.

Do you have to have worked a certain length?

No – the right to leave is available for any employee no matter their length of service. It’s available from day one of their employment.

How much leave is available?

A maximum of one week (5 days) unpaid leave in total can be taken over any rolling 12 month period for full time employees.

This can be taken in increments of half days or individual days, and do not need to be taken consecutively.

Are there any conditions for the granting of this leave?

The leave is available for the provision or arranging of care for the dependant.

The employee is required to give notice of their intention to take leave – the notice period is twice as many days as the period of leave required or 3 days, whichever is the greater.

There is no need for the notice to be in writing nor do they have to provide any evidence of their eligibility.

The employee will be entitled to all their normal benefits during any period of leave, apart from pay.

The leave cannot be denied (although it can be postponed).

 

There’s a large number of employment law changes coming in April that are set to shake up the workplace. Employers will need to update their policies to comply with these changes and ensure fair treatment of affected employees. Update your HR Policies for only £750 + VAT

What reasons can be used for postponement?

That the operation of the business would be unduly disrupted if leave permitted. We shall continue to review the matter for any further guidance published providing further clarification.

If postponed, the leave should be permitted within a month of the requested period.

Reasons for postponement should be given to the employee in writing within 7 days of the initial request, along with the permitted postponed dates.

Is this all the employer is required to do?

The above describes the minimum statutory requirement. An employer may provide greater protection if they wish i.e. by providing paid leave or flexible working arrangements.

If the contract of employment does offer a certain amount of days for carer’s leave, but less than 5, then the employee is still entitled to the remainder of the 5 days as unpaid leave. For example, if the contract provides for 3 days of paid carer’s leave, the employee is still entitled to 2 days unpaid leave in that annual period.

How can employers ensure they comply with this?

Employers are recommended to have a carer’s leave policy in place. The employment team at Clarkslegal regularly review guidance and monitor policies and procedures to ensure their compliance. Please do get in touch with our team should you need any assistance in putting a policy in place.

Our employment lawyers are also available to review any policy you currently have in place to provide amendments or advice in order to comply with the latest legislation.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

Pub
  • 28 July 2025
  • Employment

Talking Employment Law: The Employment Rights Bill – Part 3

In part three of the Employment Rights Bill podcast series, Louise Keenan and Lucy White, members of the employment team, will discuss changes to fire and re-hire practices, harassment, zero-hour contracts and tribunal limitation periods.

art
  • 21 July 2025
  • Employment

When the ‘Kiss Cam’ Captures More Than Just a Moment: Romantic Relationships in the Workplace and the Legal Risks

Imagine this: A packed Coldplay concert. Tens of thousands of fans. Suddenly, the “kiss cam” camera pans to the crowd and lands on a man and woman sharing an affectionate embrace.

art
  • 15 July 2025
  • Employment

Employment law reform: UK Government launches review of parental leave and pay

On 1 July 2025, the Government announced that it would be conducting a full review of parental leave and pay, which includes maternity and paternity leave; parental leave; shared parental leave; adoption leave and others.

art
  • 11 July 2025
  • Employment

Silenced No More: The Future of NDAs in UK Employment Law

On 8 July 2025, the government announced plans to put forward measures to ban the use of Non-Disclosure Agreements (“NDAs”) to silence employees subjected to harassment or discrimination.

art
  • 04 July 2025
  • Employment

Update: The ‘Employment Rights Bill Implementation Roadmap’

The Employment Rights Bill is a draft law which is poised to expand the rights of employees, signifying a major overhaul in employment law. The ERB has already been passed by the House of Commons and is currently at the ‘Report Stage’ in the House of Lords.

art
  • 02 July 2025
  • Employment

Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Let’s unpack what’s changing in the UK Employments Rights Bill, and why it matters, and what both employees and employers should expect.