The Carer’s Leave Act 2023 (Commencement) Regulations 2023 will be effective from 4 December 2023. However, whilst the Act is now in force, the Government will still need to make further Regulations which bring the actual right for employees to take carer’s leave into force and this is expected by April 2024. Employers should now start preparing for any requests they might receive for such leave.
As a reminder of what is covered under the Act, a dependant is defined as:
- The spouse, civil partner, child or parent of the employee;
- Someone who lives in the same household as the employee other than their boarder, employee, lodger or tenant; or
- Someone who reasonably relies on the employee to provide or arrange care for them.
A dependant has a long-term care need if:
- They have an illness or injury (physical or mental) that requires, or is likely to require care for more than three months;
- They have a disability as defined by the Equality Act 2010;
- They require care for a reason connected with their old age.
Under the Act, employees are not required to supply evidence in support of any request for leave and employers cannot insist on this.
The Act entitles employees to make a claim to an Employment Tribunal where an employer has unreasonably postponed a period of carer’s leave or has prevented or attempted to prevent the employee from taking carer’s leave. If successful, the Tribunal can award compensation which it considers just and equitable in all the circumstances, taking into account the employer’s behaviour and any loss suffered by the employee.
Once further Regulations bring the right to take carer’s leave fully into force, it would be advisable for employers to start thinking about updating their company policies to include the right to unpaid carer’s leave. It would also be sensible for employers to consider how to monitor the taking of leave and what systems will be needed to implement the changes.
For more information, please contact Matthew Ottley or call 0161 475 7663.
The Carer’s Leave Act 2023 (Commencement) Regulations 2023 will be effective from 4 December 2023. However, whilst the Act is now in force, the Government will still need to make further Regulations which bring the actual right for employees to take carer’s leave into force and this is expected by April 2024. Employers should now start preparing for any requests they might receive for such leave.
As a reminder of what is covered under the Act, a dependant is defined as:
- The spouse, civil partner, child or parent of the employee;
- Someone who lives in the same household as the employee other than their boarder, employee, lodger or tenant; or
- Someone who reasonably relies on the employee to provide or arrange care for them.
A dependant has a long-term care need if:
- They have an illness or injury (physical or mental) that requires, or is likely to require care for more than three months;
- They have a disability as defined by the Equality Act 2010;
- They require care for a reason connected with their old age.
Under the Act, employees are not required to supply evidence in support of any request for leave and employers cannot insist on this.
The Act entitles employees to make a claim to an Employment Tribunal where an employer has unreasonably postponed a period of carer’s leave or has prevented or attempted to prevent the employee from taking carer’s leave. If successful, the Tribunal can award compensation which it considers just and equitable in all the circumstances, taking into account the employer’s behaviour and any loss suffered by the employee.
Once further Regulations bring the right to take carer’s leave fully into force, it would be advisable for employers to start thinking about updating their company policies to include the right to unpaid carer’s leave. It would also be sensible for employers to consider how to monitor the taking of leave and what systems will be needed to implement the changes.
For more information, please contact Matthew Ottley or call 0161 475 7663.