New statutory right to time off for Carer's Leave

11 January 2024

The Carer’s Leave Act 2023, which introduces a new statutory right to time off to provide or arrange care for a dependant has been passed. However, further regulations are awaited before the right to take carer’s leave comes into effect.

It is anticipated that the right will come into effect in April 2024.

Once these further regulations are in place, it's anticipated that eligible employees will be entitled to take up to 1 week of unpaid time off in each twelve-month period.

The right will be a “day one” entitlement, with no need for any qualifying service.

The Regulations will provide further details but we do know the following from the Act;

  • To qualify for the leave, you must be an employee with responsibility for a dependant with a “long term care need”.
  • A dependant includes a spouse, civil partner, child, parent, a person who lives in the same house as the employee (other than by reason of them being their employee, tenant, lodger or boarder), or a person who reasonably relies on the employee for care.
  • A “long term care need” is an illness or injury (whether physical or mental) that requires or is likely to require care for more than three months, a disability under the Equality Act 2010, or issues related to old age.