New regulations establishing a statutory entitlement to one week of unpaid carer's leave in each rolling 12-month period for employees in England, Wales and Scotland came into force on 6 April 2024.
Starting from 6 April 2024, people in employment will be entitled to take unpaid leave to provide care or arrange care for a "dependant" who requires care for a period of over three months due to a physical or mental illness or injury, a disability as defined in the Equality Act 2010, or care needs arising from old age. The dependant can be anyone who relies on the employee for care and does not necessarily have to be a family member.
Employees can take carer's leave from their first day of work, and their employment rights, such as holidays and returning to their job, are protected while on leave.
Employees are entitled to take a maximum of one week of leave every 12 months. The duration of a "week" corresponds to the number of days they usually work within seven days. As an example, if someone typically works three days per week, they can take up to three days of carer's leave.
They can either take the entire week off or take individual days or half-days throughout the year. If an employee needs to care for multiple persons, they cannot take one week of carer's leave for each dependent. Instead, they can only take one week of carer's leave within every 12 months. They can use this week to take care of more than one dependent.
If you work with an employer with an irregular work schedule and need to calculate the amount of carers leave you are entitled to, you can follow these steps:
- calculate the total number of hours the employee has worked in the last 12 months
- divide the total by 52, or by the number of weeks they have worked if less than a year
This will give you the amount of carer's leave they are allowed to take.
If the employee needs to take carer's leave during their first week, the amount of leave they can take will be equal to the number of expected working hours per week.
Employees must notify their employer in advance when they plan to take time off for carer's leave. If the leave request is for a half or full day, the employee must provide a minimum of three days' notice. If the leave request is for more than one day, the notice period must be twice the length of the requested leave. For instance, if the employee requests two days off, the notice period must be at least four days.
The notice period must be in full-day increments, even if the request involves half-day amounts. Employees are not required to submit a written request or provide evidence of their dependents' care needs. If an employee needs to care for someone in an emergency, they can take time off without giving prior notice.
Kirsty MacKenzie, Argyll and Bute Carers Act Officer said: "Unpaid carers deliver exceptional care across Argyll and Bute. Balancing work and caring can be extremely challenging, which can be eased with employers support and awareness of the caring role an employee has. The new Carers Leave Act is very much welcomed and will help support carers in their workplace.
"I would also encourage employees to inquire about their own employer's carer leave policy, and to share information and raise awareness of the new Carers Leave Act with friends and families who have caring roles."
Employers cannot refuse a carer's leave request, but they may ask the employee to take the leave at a different time if the employee's absence would cause serious disruption to the organisation. If the employer delays the leave, they must agree on a new date within one month of the requested date for the leave. Additionally, the employer must put the reason for the delay and the new date in writing to the employee within 7 days of the original request, and before the requested start date of the leave.
If you are caring for a family member or someone who is disabled, unwell or frail in Argyll and Bute, you may be eligible for an Adult Carer Support Plan (ACSP) or a Young Carer Statement (YCS). To learn more about the support and services available for unpaid carers:
- contact your nearest carer centre
- visit the Argyll and Bute Council website
- submit an unpaid carers enquiry online
- phone 01546 605 517
More information on unpaid Carers' Centres, support and services available across Argyll and Bute can be found on the Argyll and Bute Council website.