TIME OFF - 12.10.2021

Response published to carer’s leave consultation

Following its 2020 consultation on a new right for employees to unpaid carer’s leave, the government has now published its response. What’s to become law?

Consultation response

The government has confirmed that it’s to introduce a statutory right for unpaid carers to take up to one week’s unpaid leave per year (see Follow up ). The new right will: (1) be a day one right for employees; (2) be available to those caring for a spouse, civil partner, child, parent, someone living in the same household (other than as an employee, tenant or lodger) or a person who reasonably relies on them for care; and (3) generally depend on the person being cared for having a long-term care need, i.e. a long-term illness, disability or old age issues. Those taking carer’s leave will also have detriment and automatic unfair dismissal protections.

Practicalities

Carer’s leave can be taken flexibly, in half-day blocks of up to one week, and the employee must give minimum notice to take it which is twice the length of the time being requested, plus one day. You’ll have the right to postpone, but not deny, the request, such as where your business operation would be unduly disrupted.

Pro advice. Employees will be able to self-certify their entitlement, but you can take disciplinary action in relation to false claims. The new legislation will be brought forward “when parliamentary time allows” .

Carer’s leave consultation: government response

Employees are to be given a day one right to take up to one week of unpaid carer’s leave per year to care for a dependant who has a long-term care need.

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