HR Advice Hub

Carer's Leave Explained: A Guide for Employers

Many employees balance their work alongside caring responsibilities for a family member or dependant with a long-term care need.

In recognition of this, employees in the UK now have a statutory right to take Carer's Leave. Understanding how Carer's Leave works can help employers support their workforce while ensuring they meet their legal obligations.

What Is Carer's Leave?

Carer's Leave is a statutory entitlement that allows eligible employees to take time away from work to provide or arrange care for someone with a long-term care need. The leave is intended to help employees manage planned caring responsibilities, rather than unexpected emergencies.

An employee can take up to one week's Carer's Leave during any rolling 12-month period. The leave can be taken:

• As a full week.

• As individual days.

• As half-days.

This gives employees flexibility to manage appointments, arrange care or provide support when needed.

Who Qualifies For Carer's Leave?

Employees are entitled to Carer's Leave from day one of their employment, provided they are caring for someone with a long-term care need. The person receiving care does not have to be a family member. They may include:

• A spouse or partner.

• A child.

• A parent.

• Someone who lives in the same household.

• Anyone who reasonably relies on the employee to provide or arrange care.

A long-term care need may include:

• A disability under the Equality Act 2010.

• An illness or injury that requires care for more than three months.

• Issues related to old age.

Is Carer's Leave Paid?

No. There is currently no statutory right to paid Carer's Leave. Employees are entitled to take the leave, but it is generally unpaid unless the employer chooses to offer enhanced contractual benefits. Some employers choose to provide paid Carer's Leave as part of their wider wellbeing or family-friendly policies.

Does A Business Have To Offer Carer's Leave?

Yes. Eligible employees have a statutory right to take unpaid Carer's Leave. Employers should ensure they have policies and procedures in place to support requests and that managers understand how the entitlement works.

Some organisations choose to offer more generous arrangements than the statutory minimum, but they cannot offer less.

Can An Employer Refuse Carer's Leave?

Employers cannot simply refuse a valid request for Carer's Leave. However, they may postpone the leave if the requested dates would cause undue disruption to the business. If an employer postpones Carer's Leave, they should:

• Explain the reason for the postponement.

• Discuss alternative dates with the employee.

• Allow the employee to take the leave within one month of the original request.

Postponing the leave should be the exception rather than the rule.

How Much Notice Should Employees Give?

Employees should normally provide notice that is either twice the length of the leave requested or three days, whichever is greater. For example:

• One day's leave generally requires at least three days' notice.

• One week's leave would usually require two weeks' notice.

Employers may choose to accept requests at shorter notice where operationally possible.

Is Carer's Leave The Same As Time Off For Dependants?

No. This is a common area of confusion. Carer's Leave is intended for planned caring responsibilities, such as attending appointments or arranging care.

Time off for dependants is designed to deal with unexpected emergencies involving a dependant, such as a child becoming ill unexpectedly or emergency care arrangements breaking down. Employees may be entitled to both, depending on the circumstances.

Can Employers Challenge A Carer's Leave Request?

In most cases, employers should accept Carer's Leave requests in good faith. Unlike some other types of leave, employees are not required to provide evidence of their caring responsibilities when requesting statutory Carer's Leave.

However, if an employer has genuine concerns that the entitlement is being misused, they should avoid making assumptions or refusing the request without careful consideration. Instead, any concerns should be addressed fairly and consistently, taking into account the individual circumstances.

Where there is evidence that an employee has deliberately acted dishonestly, employers should seek advice before considering any formal action.

Can Employees Be Treated Unfairly For Taking Carer's Leave?

No. Employees are protected from suffering detriment or dismissal because they have taken, or requested to take, Carer's Leave. Employers should ensure managers understand these protections and deal with requests consistently.

Best Practice For Employers

Employers should:

• Have a clear Carer's Leave policy.

• Train managers on the statutory entitlement.

• Deal with requests consistently.

• Consider whether enhanced contractual benefits are appropriate.

• Support employees with caring responsibilities wherever possible.

A supportive approach can improve employee wellbeing, engagement and retention.

Need HR Support?

Family-friendly rights continue to evolve, and understanding your responsibilities as an employer can sometimes feel overwhelming. From Carer's Leave and parental leave to flexible working and absence management, having the right advice can help you stay compliant while supporting your employees.

At BloomHR, we help small businesses navigate employment law with practical, friendly HR support that keeps things simple and helps employers stay compliant. Contact us for more information.