THE CARERS LEAVE ACT 2023

The Carer’s Leave Act 2023 – expected 6 April 2024

· From day one of employment, employees will be entitled to request up to one week’s unpaid leave per year to provide or arrange care for a dependant with a long-term care need.

· The definition of dependant will mirror the definition used for the existing statutory right to time off for dependants (including a spouse, civil partner, co-habitee, child, parent or anyone who reasonably relies on the employee for care).

· Employees do not need to provide evidence to their employer to take carer’s leave.

· Carer’s leave can be taken in individual days or half-days, however there is a minimum requirement to take at least half a working day at a time.

· There is no requirement to take carer’s leave on consecutive days, meaning that carer’s leave can be taken on separate days during the 12-month rolling period.

· While employees are required to provide notice to their employer, it does not need to be provided in writing.

 · Employees are required to provide notice which is either twice as many days of the period of carer’s leave being requested or three days (whichever is longer).

· Employers are unable to outrightly reject a leave request but can defer it where the employer reasonably considers that allowing the employee to take leave during the requested period would unduly disrupt business operations. In the event of a postponement, the employer must permit the employee to take an equivalent period of carer’s leave within a month of the dates initially requested. Additionally, the employer must provide written notice to the employee within seven days of the employee’s initial request, explaining the reason for the postponement and setting out the revised leave dates.

 What do you need to do to prepare / consider?

1.Implement a Carer’s Leave policy before April 2024 (we suggest a new, combined ‘Dependants Leave and Carers Leave’ Policy)

2.The existing right to DL leave is in place to cover situations where time off is needed to deal with an emergency involving a dependant. This new carer’s leave is intended to apply where the care need is long term, hence the requirement to give some notice.

3.Consider at a strategic level whether the business might wish to enhance statutory entitlements on carer/dependant leave. There is a body of evidence that enhanced family leave policies play a role in attracting and retaining staff especially those in the 45+ age bracket.

The implementation of the Act is likely to raise employee awareness generally around family leave rights so it is a good time to consider refresher training for those involved in handling requests.