From 6th April 2024, working carers will have the right to take up to one week’s unpaid leave from their job every year if they need it, to provide or arrange care for a dependant who needs long term care.

A carer will have the right to take up to 1 week unpaid leave from work to allow them to manage and deal with foreseeable caring situations. For example, this could include time to take the dependent person to planned hospital appointments or to manage a change in their care arrangements.

For the purposes of the act, the term ‘dependant’ could be the employee’s spouse, civil partner, child, parent, a person who lives in the same home or ‘a person who reasonably relies on the employee for care’.

A dependant is seen as needing ‘long term care’ if they have a disability or a physical or mental illness or injury that is likely to need care for more than 3 months, or they need care for a reason connected to their old age.

Key questions about Carer’s Leave Act:

• When does the carer’s right to take unpaid leave begin?

A carer will have the right to take unpaid Carer Leave from their first day in the job, ‘day one’ of their employment.

• How much Carer Leave can be taken at once?

The leave must be taken at a minimum of half a day at a time and maximum a week of the carer’s usual working pattern. The week maximum applies even if the carer cares for more than 1 dependant. Days don’t need to be taken consecutively, so for example the carer could take 5 separate days over a 12 month rolling period.

• How much notice does the carer have to give before taking any Carer Leave?

The employer can ask for advance notice of leave at twice the length of time being requested, or 3 days, whichever is the longest; for example, the carer should give at least 2 weeks’ notice before taking 1 week’s leave, and should give a minimum of 3 days’ notice before they take 1 day’s leave. The employer may choose to waive the notice period if appropriate.

• How should the carer give their employer notice of Carer Leave?

Although notice doesn’t necessarily have to given to the employer in writing, information given must include the fact that the carer is entitled to take carer’s leave and the day(s) or part of a day that will be taken.

• Can a carer use Carer Leave to deal with short term care needs or emergencies?

No, Carer Leave is specifically intended to support carers who care for a dependant with long term needs (lasting more than 3 months) as there are alternative types of leave available for other situations such as time off for dependants, parental leave and annual leave.

• Can the employer refuse to grant Carer Leave?

The employer is unlikely to be able to refuse the request but if they have strong business reasons to do so, they could ask the carer to postpone or rearrange the leave. If the employer does postpone the leave, they must provide a written counter notice within seven days of the request, explaining the reason for the postponement and the revised dates the leave can be taken on. The carer must be allowed to take the leave within a month of their original request.

• Does the carer have to prove they are a carer for the dependant?

The employer is not allowed to require the carer to prove they are entitled to Carer Leave. This is in order to avoid the need for the carer and employer sharing confidential or medical information about the dependant. It would be therefore be good practice for employers to ask their workforce about caring responsibilities in advance and for carers to discuss their caring role with their employer.

• What if the employer doesn’t uphold these rights?

The carer will be protected in law against discrimination by their employer for taking Carer Leave. The carer would be able to bring an employment tribunal claim if their employer has unfairly or unreasonably stopped them taking Carer Leave.

The terms of the Flexible Working regulations have been updated in the recent Employment Relations (Flexible Working) Act 2023 and changes are expected to be brought into force in July 2024. It is hoped the changes will make it easier for carers and other employees to negotiate flexible working arrangements with their employer and to manage working and caring roles more easily.

According to the Flexible Working Regulations 2014, all employees have the statutory right to ask their employer for flexible working arrangements. Flexible working arrangements could include, for example, changes to the pattern of hours worked across the week or year, going part time, working from home or any other changes to the contract. The employer is required to give the request serious consideration, although they have the right to refuse the request if they have business grounds to do so.

Changes to Flexible Working regulations will ensure that:

• Employees will have a day one right to make a flexible working request. Previously employees had to have worked for their employer for 26 weeks before making a request.
• Employees can make two flexible working requests per year. Previously they could only make one request a year.
• Employers will have a legal duty to consult with the employee before they reject their request.
• Employers must reach a decision within 2 months on a flexible working request. Previously they had up to 3 months to respond.
• Employees are no longer required to explain how the requested changes would affect their employer or how to deal with this. Previously employees were asked how the changes could be managed.

Applications should be written by letter or email or using an application form/template.

Your company may have its own application form, or you can use a template supplied on the government website here.

• Explain the reason for your application.
• Include the date, and a statement that you are making a statutory request.
• Set out your current working pattern and your revised working arrangement.
• If your application is refused, you can appeal.

If your application is approved, the new working plan should be included in your contract of employment. Be aware that this change to your contract is legally binding and you cannot simply revert to your former conditions of employment if you do not wish to continue with flexible working.

Your employer may agree to a trial period, giving you both an opportunity, without commitment, to try out the suggested flexible working pattern.

If you feel your caring role may be temporary, it may be better to explore less formal changes to your working hours.

• If you care for someone and an emergency happens involving them, you have the right to take time off from work to deal with it.
• Your employer does not have to pay you for this time but they may do so. Alternatively, they could allow you ‘compassionate leave’, paid or unpaid, or ask you to use annual leave instead.
• The time allowed depends on the situation, but is to enable you to resolve the immediate problem and sort out alternative provision for your dependant. You would not normally use this time to care for a dependant over a longer period or to attend pre-planned meetings or appointments.

Parental leave is unpaid. You’re entitled to 18 weeks’ leave for each child and adopted child, up to their 18th birthday. The limit on how much parental leave each parent can take in a year is 4 weeks for each child.

You must take parental leave as whole weeks rather than individual days unless your employer agrees otherwise or if your child is disabled.

Employees qualify if ALL of these apply:

• they have worked for the company at least 12 months.
• they are named on the child’s birth or adoption certificate or they have, or expect to have, parental responsibility.
• they are not self-employed, an agency worker or contractor.
• they are not a foster parent (unless they have secured parental responsibility through the courts).
• the child is under 18 years of age.

Some employers offer their employees the option of taking a career break (paid or unpaid) or sabbatical, holding your contract open for an agreed period while you are away from work. Check your company’s policy on this.

Further information at: www.gov.uk/career-breaks.

Your employer may agree to reduce your hours or reduce your level of responsibility for a set period of time to allow you to establish a new care situation or deal with increased care demands over a temporary period.

If you have a skill or product that you could turn into a business, working in a self-employed role could give you more flexibility to organise your caring responsibilities around your work.

Some carers have continued working for a previous employer on a
freelance basis, choosing when to take on work. Others have created home-based businesses, marketed through the internet.

Becoming self-employed can be complex so it is important to get further advice and support on the process.

If you are on a low income you may be eligible to have your income topped up with Universal Credit. Universal Credit has replaced Working and Child Tax Credits for most people.

The amount will depend on your situation, your income and the hours you work, so it is important to ensure that you are receiving what you are entitled to. Use a benefits calculator to find out what benefits you could be entitled to and how to make a claim.

You could also use an online benefits calculator to estimate your income under different working scenarios. This could help you decide on the number of hours you want to work or how you would be affected if you increased or decreased your salary.

As a carer you have a legal right to a carer’s assessment by your local Adult and Community services to assess the support you need in your caring role.

This includes looking at support you may need to work or study. If you are caring for your child, your assessment will form part of a ‘whole family assessment’.

Find out more about Carer’s Assessments here: Carer’s Assessments

You may be able to claim Carer’s Allowance if you regularly care for someone for at least 35 hours a week.

The person you care for must already receive one of the following benefits:

• Personal Independence Payment daily living component
• Disability Living Allowance care component at the middle or higher rate
• Attendance Allowance or Constant Attendance Allowance
• Armed Forces Independence Payment

While receiving Carer’s Allowance you can work and earn up to £139 a week after deductions.

Find out more about Carer’s Allowance here: Carer’s Allowance

This is a National Insurance credit which helps build up your entitlement to State Pension, ensuring there are no gaps in your NI record if you give up work.

You could get Carer’s Credit if:

• you are caring for someone for at least 20 hours a week.
• the person you are caring for receives certain benefits – eligibility will depend on benefits received by the person (as for Carer’s Allowance above).

You will automatically receive Carer’s Credit if you receive Carer’s Allowance.