The Buzz About Carer's Leave
This month the Government confirmed that it will introduce a 'day one' right to statutory carer’s leave. The new entitlement to statutory carer’s leave will:
1. be available to the employee irrespective of how long they have worked for their employer (a day one right);
2. rely on the carer’s relationship with the person being cared for – a spouse, civil partner, child, parent, a person who lives in the same household as the employee or a person who reasonably relies on the employee for care; and
3. depend on the person being cared for having a long-term care need. This would be defined as a long-term illness or injury (physical or mental), a disability as defined under the Equality Act 2010, or issues related to old age. There would be limited exemptions from the requirement for long-term care, for example in the case of terminal illness.
What can the leave be used for?
Personal support, helping with official or financial matters, or accompanying someone to medical and other appointments.
How can the leave be taken?
Either as a single block of one week, or more flexibly in individual days.
How are employee's to notify their employer?
The notice requirement will be in line with that of annual leave, the employee must give notice that is twice the length of time being requested as leave, plus one day in order to enable employers to manage and plan for absences. Employers will be able to postpone, but not deny, the leave request for carer’s leave on grounds that the employer considers that the operation of their business would be unduly disrupted. Employers will be required to give a counter-notice if postponing the request to take Carer’s Leave.
Is there protections for those undertaking carer's leave?
Those taking carer's leave will be protected from suffering a detriment for having done so, and dismissals for reasons connected with exercising the right to carer's leave will be automatically unfair.
When will carer's leave be introduced?
According to gov.uk this right will be introduced into legislation when Parliamentary time allows. In the meantime employers should start to prepare a written policy to introduce this new requirement once introduced.
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