Carer’s Leave Act 2023 - new unpaid leave available

From April 6, 2024, employees are entitled to a new form of unpaid leave. Employees with dependants having long-term care needs may take up to one week per year as carer’s leave to provide or arrange care.

The provision covers dependants that require care for an illness or injury for a period that is likely to be longer than three months, or for a disability, or those who require care because of old age. The entitlement arises from the first day of employment and may be taken all at once or as full or half days throughout the year.

Under the Carer’s Leave Regulations 2024, all terms and conditions of employment (apart from pay) continue during carer’s leave. This means, unlike during other forms of unpaid leave (additional maternity, paternity or adoption leave), pensions accrual continues during the period of absence, although the regulations do not specifically refer to this aspect of the employee’s rights.

Benefit accrual for such a limited annual period is unlikely to have significant cost implications for employers. However, as carer’s leave is treated differently in law from other forms of unpaid leave, schemes may wish to consider amending their scheme rules to reflect this when the document is next updated.