Dissecting Employment Legislation - Carer's Leave
The start of a new year. A time to reset and plan for the months ahead. Then you hear about a flurry of new legislation and are forced to pivot!
It certainly feels like there is a lot of change on the horizon. That’s why we decided to get into the details so you don’t have to.
In our new ‘Dissecting Employment Legislation’ series, we will be shining to spotlight on the key legislation changes in 2024. Each week we will publish an article covering our understanding of upcoming legislation.
Our first article covers ‘Carer’s leave’ which comes into force on 6th April 2024.
Carer's Leave
This brand-new legislation allows employees who are looking after someone with a long-term care need to request up to 1 week of unpaid leave in a rolling 12-month period.
Coming into Force: 6th April 2024
Who can request Carer’s Leave?
Employees who have a dependant with a long-term care need can request carer’s leave to provide or arrange care for that dependant.
Does the leave need to be taken in one block?
No. The minimum period that can be taken is a half-day and the maximum is one week within a rolling 12-month period. It does not need to be taken on consecutive days.
What evidence is required?
None. It is not possible to request evidence in respect of an employee’s a request for carer’s leave.
How much notice should be given?
The request should be submitted within the below time scales before the start of the leave. The greater of:
twice the full leave duration in days; or
three days in advance.
How is the entitlement calculated for employees who are contracted to work variable hours? ie work different hours each week or work in some weeks but not others.
Calculate how many days the employee was normally required to work in the 12 months before the last day of carer leave and divide this figure by 52 to determine the entitlement.
Is it possible to reject a request for carer’s leave?
It is not possible to reject a request.
If however, the employee's absence would unduly impact normal business operations, then the leave could be postponed.
Postponed leave must be permitted for the same duration within 1 month of the start date of the original request. The employer must provide written notice of the postponement within seven days of the request or before the requested leave start date. This notice must explain the reason for the postponement and suggest alternative dates.
Planning for the change
Update your employee handbook or leave and absence policy to reference this entitlement.
Coach line managers on how to handle requests
Update leave management systems to accommodate the change
Written by Emily Jones
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