On 6 April, the Carer’s Leave Act 2023 will come into force: a significant step forward for carers’ employment rights. This new legislation will give employees who are unpaid carers up to five days’ unpaid leave from work a year in support of their caring responsibilities. The regulations have now been approved by both the House of Commons and the House of Lords, paving the way for them to be implemented across England, Scotland and Wales.
The regulations confirm that to be entitled, employees need to be providing long term care – the definition of which is clearly set out in the law – and that the appropriate notice period an employee needs to give to take the leave is twice the length of time that needs to be taken in advance of the earliest day of leave. Employees will not be required to notify their employer in writing regarding their request to take Carer’s Leave, although they can do so if they wish to. Importantly, employees taking Carer’s Leave will have the same employment protections as associated with other forms of family related leave (eg, maternity, paternity, adoption, parental bereavement, shared parental and parental leave).
This includes protection from dismissal or detriment because of taking or seeking Carer’s Leave. Carers UK say “While this is a major step forward towards improving the lives of people juggling paid work and caring responsibilities, we know that this is just the beginning. We will look to immediately build on this success and will continue to campaign for more support for carers who are in work as well as those seeking to return to employment”.
Eligibility:
To be entitled to Carer’s Leave, you must:
- be providing long term care
- give a notice period of at least twice the time requested to be taken.
Quote:
One working carer said:
“Without the support I received from my employers and colleagues, it would have meant finishing work. It was as stark as that. And that decision would’ve come with huge implications.”