Enhanced Rights for Those That Care

How will carer’s leave work in practice?

Under the Regulations:

• employees will be entitled to be absent from work on leave in order to provide or arrange care for a dependant with a long-term care need;
• employees who meet the eligibility conditions will be entitled to take the leave regardless of how long they have worked for their employer;
• leave can be taken in increments of half-days or individual days, up to a maximum of one week in total, over a 12-month period;
• employees will not be required to provide evidence in relation to a request;
• employers cannot decline a request but they may postpone the leave in certain specified situations.

What is a “dependant” and what is a “long-term care need”?

A person is a “dependant” if they:

• are a spouse, civil partner, child or parent of the employee; or
• live in the same household as the employee, otherwise than by reason of being the employee’s boarder, employee, lodger or tenant; or
• reasonably rely on the employee to provide or arrange care.

A dependant has a “long-term care need” if any of the following apply:

• they have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months;
• they have a disability for the purposes of the Equality Act 2010;
• they require care for a reason connected with their old age.

Employee protection and obligations

Employees taking carer’s leave will have the same protections as employees who take other forms of family related leave i.e. they will be protected from dismissal or detriment as a result of having taken, or sought to take, the leave. They will also benefit from all of their usual terms and conditions of employment (with the exception of pay) and will remain subject to their usual obligations.

Comment

Carers leave will go some way towards plugging a gap that is left by existing forms of leave.  The current entitlement to time off for dependants is similar, but only covers the time needed to organise care for a dependant, rather than time to actually provide the care.  Parental leave provides a more generous 18 weeks (albeit unpaid) leave, but, as the name suggests, can only be taken to care for children.  It remains to be seen how frequently the new right is used.  Anecdotal evidence suggests that there is generally limited take up of the various types of unpaid leave available to employees.

What action should employers take now?

Employers should review the new rules and consider how carer’s leave might interact with other forms of family-related time off.  It would be prudent to review your Staff Handbook and associated policies and to consider what may need updating.

Please get in touch with our Employment team should you need any help of further advice.