Carer's Leave Act 2023

The Carer's Leave Act 2023, in force from 6 April 2024 in Great Britain, creates a new section 80J of the Employment Rights Act 1996. It gives employees who have a dependant with long-term care needs a statutory right to take up to one week of unpaid leave per rolling 12-month period to provide or arrange care.

"One week" means the length of your normal working week — five days if you work full-time Monday to Friday, three days if you work three days a week, and so on. Leave can be taken as a single block, individual days, or even half-days (with employer agreement). Pro-rata calculation applies for irregular hours workers.

The leave is unpaid by statute. Some employers offer enhanced paid carer's leave through their own policy or collective agreement; check your contract or staff handbook.

A dependant under the Act is broadly defined and includes:

• Your spouse, civil partner, child, or parent;
• A person who lives in the same household as you (other than as a tenant, lodger, boarder, or employee);
• Any other person who reasonably relies on you for care arrangements — for example, an elderly neighbour, a sibling living separately, or a close friend with no other carer.

The dependant must have long-term care needs. The Act defines this as needs arising from:

• A physical or mental illness or injury that requires, or is likely to require, care for more than three months;
• A disability within the meaning of the Equality Act 2010 (a physical or mental impairment with substantial and long-term adverse effect on day-to-day activities);
• Care related to old age.

Short-term illnesses do not qualify — but for unexpected short-term emergencies, employees may have a separate right to time off for dependants under section 57A ERA 1996, which is also unpaid but is for incidents like a child being sick or a carer breakdown.

You must give your employer notice equal to twice the length of the period of leave you intend to take, or three days, whichever is greater (regulation 4 of the Carer's Leave Regulations 2024). For a full week off you therefore need two weeks' notice; for a single day, three days' notice.

Notice should ideally be in writing (email is fine), state that the leave is for caring for a dependant, and confirm the dependant has long-term care needs. You do not have to provide medical evidence about the dependant — the law specifies that no evidence may be required.

Your employer can postpone the leave (but not refuse it outright) if its operation would be unduly disrupted. They must consult you, agree an alternative period within one month, and give written notice of the postponement before the requested leave was due to start. Leave cannot be postponed for more than one month from the original request.

Your terms and conditions of employment continue during Carer's Leave (apart from the right to remuneration). Pension contributions, holiday accrual, and continuity of service all continue as if you were at work.

Sections 47G and 99(3)(c) ERA 1996 protect you from detriment or dismissal for taking, seeking to take, or proposing to take Carer's Leave. Dismissal for asserting the right is automatically unfair regardless of length of service. Detriment can include disciplinary action, missed promotion, reduction in hours, or any other less-favourable treatment connected to the leave.

If your employer refuses to allow leave, postpones it without consultation, or treats you badly because of a request, you can:

1. Raise it informally first with your line manager or HR.
2. Submit a formal grievance under your employer's grievance procedure if it is not resolved.
3. Bring a claim in the Employment Tribunal within 3 months less 1 day of the act complained of (after going through ACAS Early Conciliation). The tribunal can make a declaration, award compensation for loss, or order reinstatement after dismissal.

If you remain at work but your dependant's needs are ongoing, you may also want to consider flexible working, parental leave (for children), or Carer's Allowance (paid weekly benefit if you provide 35+ hours of care per week).