Carer's leave: Six things HR needs to know

Author: Susie Munro

The new statutory right to carer's leave is due to come into force on 6 April 2024. We look at how this new type of leave will operate, so HR can be ready when requests start to come in.

The new right is provided for by the Carer's Leave Act 2023, with the detail included in the Carer's Leave Regulations 2024. The Regulations are in force from 6 April 2024. The right will be available to employees in England, Wales, and Scotland from that date.

Separate legislation is required before the right applies in Northern Ireland because the implementation of employment laws is devolved there.

1. Carer's leave will be a day-one right

The eligibility criteria for statutory carer's leave do not include a requirement for a certain length of service. Employees will be able to request leave from the beginning of their employment.

2. Employers cannot ask for evidence relating to an employee's caring responsibilities

The data protection issues arising from handling information about the health or care needs of employees' dependants are avoided as employers should not be asking employees for such evidence.

3. The right does not cover leave to provide childcare

Carer's leave must be taken in relation to care for a dependant, as defined in the Regulations. This does not cover children, unless they have long-term health- or disability-related care needs.

4. An employee with more than one dependant is not entitled to extra carer's leave

Employees can take a maximum of one week's leave every 12 months, regardless of how many dependants they have.

5. The Regulations do not limit the caring activities that carer's leave can be used for

The Regulations state that carer's leave must be used to provide or arrange care, but they do not define what this means. Employers should not request details of how employees intend to use their leave.

6. Carer's leave can be taken in half days

The week of carer's leave does not have to be taken all in one go. The Regulations contain provisions setting out how to calculate what a week is for employees with irregular hours, and the minimum period that can be taken.