The day-one right

The Carer's Leave Act 2023 (in force 6 April 2024) introduced a new statutory right for employees to take up to one week of unpaid Carer's Leave per rolling 12-month period.

The right applies from day one of employment — there is no qualifying period.

Who counts as a "dependant"

A dependant is someone who:

  • Is your spouse, civil partner, child, parent, or lives in the same household (not as your employee, tenant, lodger, or boarder); and
  • Has a long-term care need — which means an illness or injury that requires care for more than 3 months, a disability under the Equality Act 2010, or care needs related to old age.

You must also reasonably expect to provide or arrange care for them.

How to take it

  • Up to one week (your usual working week — so 5 days for a 5-day worker, 3 for a 3-day worker).
  • Taken in half-day or full-day blocks (the employer cannot insist you take it as a whole week).
  • Notice: at least twice the number of days you're asking for, plus one day. So 3 days off = at least 7 days' notice. The employer can waive the notice requirement.
  • The employer cannot refuse the leave outright but can postpone (up to a month) if granting it would unduly disrupt the business — they must consult and give a written explanation.

Pay

Carer's Leave is unpaid by statute. Some employers offer a paid scheme — check your contract or handbook.

Protection from detriment + dismissal

It is automatically unfair to dismiss an employee for taking or proposing to take Carer's Leave, and a worker cannot lawfully be subjected to a detriment for the same reason. No qualifying period.

How it interacts with other rights

  • Time off for dependants (s.57A ERA 1996) covers short-term emergencies (e.g. a child gets sick today) — separate from Carer's Leave and unaffected.
  • Flexible working request (s.80F ERA 1996) — you can also request a longer-term flexible arrangement.
  • Annual leave — you can ask to combine Carer's Leave with paid annual leave.

Time limit

3 months less one day to claim at tribunal if the right is refused or you suffer a detriment. ACAS Early Conciliation first.