From 6 April 2024, The Carer’s Leave Regulations 2024 now require businesses to allow for one week’s unpaid leave in a 12-month rolling period for employees to provide care for a dependant with a long-term care need.
Employers should be conscious of this change as it is expected to affect over two million employees in the workplace and this right will apply from the first day of employment. Any employee who is entitled to take carer’s leave will also have protection against dismissal for taking the leave.
Definitions
- An employee is entitled to be absent from work to take carer’s leave where they have a dependant with a long-term care need.
- A dependant is defined as anyone who reasonably relies on someone to meet their long-term care needs.
- Long-term care needs are defined as when a person has a physical or mental illness or injury that means they need or are likely to need care for more than three months, they have a disability recognised under the Equality Act 2010 or they are experiencing issues related to old age.
What You Need to Consider
- A key point to consider as an employer is that the new rules make clear that employees do not need to provide evidence of a dependent’s care needs.
- Employees will be able to take leave in full or half days, or a whole block of five days, however, it is important to note that an employee must provide notice which amounts to twice the length of the leave or three days, whichever is the greater.
- An employer cannot decline a request but can postpone a carer’s leave where it reasonably considers that the operation of the business would be unduly disrupted if the leave was allowed during the requested period.
If you have any questions related to these changes or if you have any other workplace-related employment questions, please contact our employment law solicitors at Howell Jones.
