Upcoming changes to Carer’s Leave regulations

The amended Carer’s Leave Act 2023 is due to come in to force on 6 April 2024. The amendment to the regulations set out a statutory scheme under which eligible employees can apply for up to one week of unpaid carer’s leave, in any 12-month period. Key features include:

• The right is granted from the first day of employment.
• It is applicable to employees caring for a dependant with long-term care needs or those desiring time off to provide or arrange care for their dependant.
• Requests can be for consecutive or non-consecutive half-days or full days.
• Employees are required to provide written notice of their intention to take carer’s leave, confirming their entitlement and giving notice at least twice the length of the requested leave, or three days if longer.
• Employers can defer a request if it would unduly disrupt business operations. In such cases, employers must provide notice before the scheduled leave, explain the necessity of the postponement, and allow the leave to be taken within one month of the initially requested start date. Rescheduling should be a collaborative decision with the employee.
• Employees are safeguarded against detriment or dismissal due to taking or expressing an intention to take carer’s leave, or if the employer believes they are likely to do so.

It is advisable that any relevant existing policies and procedures be updated in readiness for the change in the regulations, and that employees are notified of the changes.