The Carers Leave Regulations 2024 SI 2024/251 (“the Regulations”) will come into force on 6 April 2024 and are designed to allow employees to take time off work to care for a family member or dependant who requires assistance due to illness, injury or other medical conditions and aim to address gaps in legislation which have often left caregivers with little support or protection in the workplace.
A report by the Centre for Social Justice has found that as many as 41% of working age carers are considering leaving the workplace, or reducing their hours, in order to care for their dependants. Nearly 400,000 people left the workplace between 2021-22 to care for a relative.
What rights will carers have under the Regulations?
Under the Regulations, employees will be given the right to take up to one week of statutory unpaid carer’s leave in a 12-month period in order to care for, or arrange care for, dependants with long-term care needs. The Regulations also include protection for individuals from detriment and unfair dismissal relating to carer’s leave.
Who can exercise the right to take Carer’s Leave?
There are certain eligibility requirements. Employees will need to have a dependant with a long-term care need; want to be absent from work to provide or arrange care for that dependant; and not already have exceeded their statutory entitlement to carer’s leave. The Regulations also set out specific notice requirements, which include providing advance notice to the employer of at least twice the number of days as the period of leave requested or three days in advance, whichever is earlier. An employer cannot require an employee to supply evidence to support a request for carer’s leave before granting the leave.
How is leave calculated?
The amount of leave an employee is able to take will depend on their work schedule. Staff on variable work patterns will find that a week’s leave will be calculated based on an average of the work periods over the preceding 12 months, or, where they have been employed for less than 52 weeks, with reference to the entire period of their engagement. Individuals will be able to take the leave in half day increments, full days or as a continuous week and leave does not need to be taken on consecutive days.
Can an employer refuse a request for leave?
Whilst there is a statutory entitlement to the leave, it is open to an employer to postpone leave if it considers that the employee’s absence would cause undue disruption to their business. Any refusal is subject to specific notice requirements and employers must consult and reschedule the leave to commence no later than one month after the earliest day or part day of the employee’s request.
What effect does taking leave have on an employee’s contract?
Whilst on leave the employee will retain the benefit of their terms and conditions of employment, with the exception of remuneration, as the leave is unpaid. The employee will be protected from being subjected to any detriment or from being dismissed because they have taken, have sought to take, or because the employer believes they were likely to take, carer’s leave.
The introduction of the Regulations marks a positive step towards inclusion in the workplace and recognises the importance of caregiving within our society and will have implications for both individuals and employers.
For employers, consideration should be given to the need to update policies and procedures and to provide training to managers and HR personnel. For employees, the Regulations offer improved support in fulfilling caregiving responsibilities whilst being protected from discrimination in the workplace and without having to give up work or reduce their hours.
For more information on the new Carer’s Leave Regulations please contact our Employment Team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
