WFM UK: Carer’s Leave Regulations 2024

Overview

Following the passing of the Carer's Leave Act 2023 the UK Government has drafted the Carer's Leave Regulations 2024 which means from 6th April 2024, employees who give notice on or after this date will have the right to take leave to care for a dependant with long term care requirements.

The full legislation draft can be found here. Further information from Carer's UK can be found here.

Entitlement

• Employees are entitled to one week of Carer's Leave within a 12-month relevant period, with that period ending on the last day of the leave requested by the employee
• The one week of Carer's Leave does not have to be taken in consecutive days, or one full week block
  • The minimum amount of leave that can be taken is half of a working day
  • The maximum amount of leave is one continuous week

Eligibility & Notice Requirements

An employee is entitled to be absent from work to take Carer's Leave where they:

• Have a dependant with a requirement for long-term care
• Want to take leave to provide or arrange care for the dependent
• Have not already used one week of entitlement within the 12-month relevant period
• Give notice of an intention to take Carer's Leave on, or after, 6th April 2024
• Give notice of an intention to take leave before the requested date(s):
  • Twice as many days as the requested period of leave
    or
  • Three days in advance of the 1st day of Leave
• Notice must include
  • Confirmation that the employee is entitled to take Carer's Leave
  • Confirmation of the days that are to be taken as leave, stipulating whether they are half days, full days or a full continuous week
• An employer cannot request evidence from the employee in relation to the request before granting the leave
• An employer can postpone the leave if insufficient notice is provided but they cannot decline the leave

Postponement of Carer's Leave

Whilst an employer cannot decline an employee's right to take Carer's Leave, they can postpone the requested leave if they reasonably consider that the operation of their business would be unduly disrupted if the employee took the leave.

At which point they must:

• Consult with the employee to agree or decide to permit the employee to take a period of leave of the same duration and beginning on a date which may be no further than 1 month in the future of the earliest day requested
• Provide notice to the employee in writing of the postponement of leave including why, and agreed dates the leave can be taken
  • This must be provided within 7 days after the employee's original notification was provided
    or
  • Before the earliest day or part day that was originally requested

Terms & Conditions and Contractual Rights during Carer's Leave

An employee on Carer's Leave remains entitled to all the terms and conditions of their employment which would have applied if the employee had not been on Carer's Leave, except for remuneration as the leave is unpaid.

If an employee is entitled to both statutory and contractual Carer's Leave, they must not take both separately but can choose to take advantage of whichever right is more favourable.

Return to Work

• An employee must be returned to the job in which they were employed immediately before Carer's Leave
  • Where an employee takes Carer's Leave and any Statutory Leave consecutively, Carer's Leave does not contribute to the continuity of a period of absence in respect of the employee's right to return to the job in which they were previously employed
• The right to return in this regulation is a right to return:
  • With the employee’s seniority, pension and similar rights as they would have been if they had not been absent, and on terms and conditions not less favourable than those which would have applied if the employee had not been absent

Fourth's Response

Fourth are aware of the legislation and are currently working on a solution that will ensure our customers remain compliant with their statutory obligations.

The materials available on this website are for general informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any issue or problem particular to your situation. Use of and access to this site or any of the e-mail links contained within the site do not create an attorney-client relationship between Fourth and you or any other user or browser. The opinions expressed at or through this site are the opinions of the individual presenter based on the information provided on governmental websites and should not be acted upon without first seeking specific guidance from your attorney. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.