With more than one in seven people in any workplace having caring responsibilities, employers need to understand their new obligations.
Although many organisations already offer hybrid or
flexible working to support staff, a statutory right to carers leave is now being introduced to provide employment rights for those juggling paid work alongside unpaid care.
The purpose of the
new legislation is to help staff balance their work and caring commitments in the form of unpaid, short-term leave and is intended to be the minimum that an employer must provide.
Carers UK, which led the campaign to introduce more support for carers who are employed, stresses the importance of creating carer-friendly workplace policies.
With the average person in the UK now having a 50:50 chance of caring for someone by the age of 50 - long before they reach retirement - caring is becoming the norm, rather than something that is done by a minority.
Establishing a supportive workplace can help attract and retain talent, evidenced by
research carried out by the CIPD:
- Working carers who feel supported by their employer are less likely to consider reducing their hours or quitting their jobs.
- Stress and sickness levels are likely to be reduced, and therefore costs associated with absence.
- Performance can be boosted – working carers are less likely to have difficulties concentrating at work when they feel supported by their employer.
What Does the Carer’s Leave Act say?
The new legal entitlement allows employees to take up to one week’s unpaid leave per year, to provide or arrange care for a dependant with a long-term care need.
- This will apply to all employees from Day 1 of their employment.
- The leave is on top of their usual entitlement.
- The leave is for planned and foreseen caring commitments.
- The leave can be taken flexibly – for instance in a block of 5 days, or in individual or half days, to suit the carer’s responsibilities.
- Employees will be required to self-certify their eligibility for carer’s leave. Staff do not have to provide evidence of the dependant’s care needs.
- Notice needs to be given to the employer in advance. This should be 3 days for up to a day’s leave and twice as long as the requested leave if it’s for more than one day.
- No evidence is required to show how the leave has been used.
- Employees will be protected from dismissal or detriment due to taking this leave, giving the same employment protections that are associated with other forms of family-related leave such as holidays and returning to their job.
Who is Considered a Dependant?
A dependant does not have to be a family member and can be anyone who relies on them for care. Unpaid leave can be taken to give care or arrange care for a dependant who has:
- A disability, as defined in the Equality Act 2010.
- A physical or mental illness or injury that means they’re expected to need care for more than 3 months.
- Care needs because of their old age.
If the employee is caring for more than one person, they are still only allowed to take one week every 12 months. However, their leave can be used to care for more than one dependant.
General childcare is not covered by this new statutory leave. Eligible employees could take up to 18 weeks’ unpaid
parental leave to look after their child’s welfare.
Calculating Carer’s LeaveThe amount of leave should be calculated on a pro rata basis, using a week as the length of time staff normally work over seven days.
For employees with irregular weekly working hours, add up the total number of hours worked in the previous 12 months and divide this total by 52. If they have been in the job less than a year, divide by the number of weeks since they started.
Can I Refuse or Delay Carer’s Leave?
Requests cannot be refused; however, employees can be asked to take the leave at a different time if this would cause serious disruption to the organisation.
If the leave needs to be delayed, another date must be agreed within one month of the requested date. The new date and reason for the delay must be put in writing within 7 days of the original request and before the start date.
Impact on Employers
For some small business owners, upcoming UK employment law changes that provide support for working carers may put pressure on the day-to-day operations of their business. Implementing some simple, clear strategies can help reduce the impact.
- Put a workforce plan in place to cover absences and maintain productivity.
- Make sure managers receive training so they understand all responsibilities under the legislation for managing carer’s leave and can confidently deal with requests.
- Inform staff about the changes, so they understand what they’re entitled to.
- Having a policy in place can be helpful to everyone.
- Think about providing workplace flexibility for carers where possible, to help support their caring responsibilities and maintain employee retention.
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