Carer’s Leave Law

Carer’s Leave Law: What Employers Need to Know

In this article we explain what carer’s leave is, who is entitled to it and what steps employees need to take to receive it.

The most important facts

• The Carers’ Leave Act is on its way to becoming law in the UK.
• Once passed, the bill would provide every worker in the UK with a week of unpaid leave.
• Until the law is passed, it is recommended that you follow the NHS guidance on care leave for employees.

What is nursing leave?

Care leave means that an employee takes time off work to care for a loved one with a long-term illness. According to Carers UK, millions of people in the UK are juggling work and care responsibilities at the same time.

In March 2020, the UK government put forward a recommendation to introduce a carer’s leave law that would provide qualified workers with one week of unpaid carer’s leave each year. However, it remains uncertain when this right will come into force. In August 2022, the bill that would introduce this right will be in its second reading.

How is care leave regulated by law?

As the bill has not yet officially come into force, there remains uncertainty regarding the leave entitlement of carers. According to gov.uk, although there are protected exemptions for family members and dependents, the amount of exemption is determined by the employer. This is different to maternity leave arrangements in the UK. According to Carers UK, the Queen did not mention the carers’ leave bill in her speech this year, meaning the government has not introduced it.

Ultimately, the NHS recommends that employers consider the Government’s response to the consultation, read up on local policy and find out how statutory carer’s leave would affect them.

Who is entitled to care leave?

Below is an explanation of who would be eligible for carer’s leave in the UK:

• Only employees would be entitled to care leave from the first day of work.
• It would only apply to dependents. This includes spouses, life partners, children, parents, siblings, grandparents or people who live with the employee and are dependent on their care.
• The relative must be in need of care, be it physical or mental.

Do I have to pay money to employees who are on care leave?

No, the leave is unpaid under the proposed Carer’s Leave Act. But the employer can pay for the time off. This should be recorded in the employer’s contract or the organization’s handbook.

Steps required to take care leave

In order to take care leave, an employee must serve twice the notice period. For example, if an employee needs a day of vacation, he or she must give notice two days in advance. The one-week quota can be used all at once or spread over the course of the year. You cannot reject an application if it meets the eligibility requirements; However, you may be able to postpone it.
Evidence that the employee must provide
The employee does not have to provide any evidence. He must certify himself that he is entitled to care leave.

Protection through care leave

Care leave protects employees from disadvantages when they apply for or take care leave. If the employee is dismissed, his dismissal would be considered unjustified.

Frequently asked questions about care leave

Is there carer leave in the UK?

There is currently no carer’s leave law in the UK, but Parliament is considering a bill to help it become law.

What evidence do employees have to provide to receive care leave?

Employees do not have to provide any evidence to receive care leave.

Is nursing leave required by law?

Nursing leave is not yet regulated by law. There are still uncertainties when it comes to entitlement to care leave. Although there is protected leave for family members and dependents, the length of the leave is determined by the employer.

Can care leave be refused?

Leave for carers cannot be refused if it is announced in good time. In general, employees are protected from disadvantages when they apply for care leave.