Key features of the new right to carer’s leave

The right is available to all employees who have a dependant with a long-term care need and who want to have some time off from work to provide or arrange care for that dependant.

The key aspects of this right are below:

1. Dependants 
   An employee's dependants can include:
   • their husband, wife, civil partner, or partner
   • their child
   • their parent
   • a person who lives in their household (not tenants, lodgers, or employees)
   • a person who relies on them for care, such as an elderly neighbour
2. Long term care need: means a disability, an illness or injury that is likely to require care for over 3 months or care need relating to old age.
3. Duration: Requests can be in consecutive or non-consecutive half-days, full days or as one week-long block.
4. Notice: Employees must give notice in writing to take carer’s leave. They must confirm their entitlement to take it and give whichever is the longer of at least twice the amount of notice than the period of leave requested, or three days' notice. 
5. Postponement: Employers can postpone a request if the operation of the business would be unduly disrupted, but the employer must give notice of the postponement before the leave was due to begin. The employer must also explain why the postponement is necessary to the business and then allow the leave to be taken within one month of the start-date of the leave originally requested. The employer should consult the employee about rescheduling the leave.
6. Protection: Employees are protected from detriment and dismissal because they take or seek to take carer’s leave, or the employer believes they are likely to do so.

Useful Guidance on carer’s leave has y been published by Acas. We recommend employers consider creating a new carer’s leave policy or adding a reference to carer’s leave to their  existing policy dealing with family leave. If you would like assistance to draft a suitable policy or have any questions about the application of the right to leave, please contact us: 01635 896336/ hello@fentonelliott.co.uk