The Question: Are employees who are providing or arranging care for a dependent entitled to unpaid leave from work?
The Answer: Currently, employees and workers under Section 57A of the Employment Rights Act 1996, have a day one right to take unpaid reasonable time off from work to deal with an unplanned or unforeseen domestic emergency affecting their dependants and shortly this leave will be supplemented by provisions under The Carer's Leave Act 2023, which has received royal assent 24th May 2023, that will introduce a new entitlement to one week's unpaid leave per year for employees who are providing or arranging care for a dependant who has long term care needs. The leave will be a day one right, with the employee having to self-certify the leave which can be taken as a block of five days, individual days, or half days.
The Risk / Threat: Failure to adhere to any statutory entitlements that employee benefits from could give to Tribunal action and a potential compensation claim.
What you need to: The Carer's Leave Act 2023 is likely to become law in early 2024 but employers should plan a head and review their family friendly policies to reflect the changes on the horizon.
Call to action: If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 0116 274 9193.
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