A new day one right for carer's (meaning you do not need to meet criteria for any length of service) is to be implemented from 6 April 2024 for employees in England, Scotland and Wales. This will mean that if you care for a dependant you are entitled to one week of unpaid leave per year to provide that care.
There is a definition for who is a dependant and this could be your spouse or civil partner, child or parent or any person who has come to rely on you to provide or arrange care, and it does not have to be a family member. It can include any person who lives with you, although it excludes someone who lodges with you or pays you rent.
The Act that gives the rights to carers to be able to take the leave is the Carer’s Leave Act 2023 and it stipulates that the leave is available to employees who need to give or arrange care for a dependant who have:
a physical or mental illness or injury that means they need care for more than three months
a disability which is defined by the Equality Act 2010
they need care because of their old age.
If you are an employer it is your choice if you use discretion to continue to pay your employees. It also means that you need to implement a carer’s leave policy to include information on who meets the definition of carers and dependants, and to explain how much notice you will require and if employees will be paid or unpaid.
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