![[UK] New employment rights for unpaid carers under Carer’s Leave Act](http://globalpayrollassociation.com/cdn/shop/articles/bigstock-An-Elderly-Mother-With-Her-Dau-231797260_1200x.jpg?v=1712959117)
On April 6, 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, NHS Highland reports.
From 6 April 2024, individuals in employment will be entitled to take unpaid leave to provide or arrange care for a "dependant" who requires care for 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 reportedly be anyone who relies on the employee for care and does not necessarily have to be a family member.
Employees are permitted to take carer's leave from their first day of work, and their employment rights - such as holidays and returning to their job - are protected during the leave period.
Employees are now 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. For example, someone who typically works three days per week can take up to three days of carer's leave.
They can take the entire week off or individual days or half-days throughout the year. If an employee has to provide 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.
Individuals with an employer with an irregular work schedule needing to calculate the amount of carer’s leave they are entitled to should 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 determine the total amount of carer's leave they can take.
Where an employee needs to take carer's leave during their first week, the amount of leave they can take will reportedly 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 example, 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.
Employers cannot refuse a carer's leave request, however, 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 leave date. The employer must also detail 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.
Source: NHS Highland
On April 6, 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, NHS Highland reports.
From 6 April 2024, individuals in employment will be entitled to take unpaid leave to provide or arrange care for a "dependant" who requires care for 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 reportedly be anyone who relies on the employee for care and does not necessarily have to be a family member.
Employees are permitted to take carer's leave from their first day of work, and their employment rights - such as holidays and returning to their job - are protected during the leave period.
Employees are now 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. For example, someone who typically works three days per week can take up to three days of carer's leave.
They can take the entire week off or individual days or half-days throughout the year. If an employee has to provide 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.
Individuals with an employer with an irregular work schedule needing to calculate the amount of carer’s leave they are entitled to should 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 determine the total amount of carer's leave they can take.
Where an employee needs to take carer's leave during their first week, the amount of leave they can take will reportedly 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 example, 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.
Employers cannot refuse a carer's leave request, however, 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 leave date. The employer must also detail 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.
Source: NHS Highland