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ACAS publishes guidance on the new Carer’s Leave Entitlement

ACAS has now issued some very helpful guidance (the Guidance) and practical summary of leave calculations.

The Carer’s Leave Act 2023 (“the Act”) came into force on 4 December 2023 and the Carer’s Leave Regulations 2024 came into force on 6 April 2024. These provisions allow employees with caring responsibilities to take unpaid leave. Please see our recent insight which provides further information

ACAS has now issued some very helpful guidance (the Guidance) and practical summary of leave calculations. The Guidance includes:

A. Examples of what Carer’s leave can be used for, namely:

  • taking a dependant to the hospital
  • moving a dependant to a care home
  • accompanying a dependant on a day trip
  • providing care and companionship to a dependant when the main carer is away

B. Examples of calculating the amount of leave that can be taken. An employee is entitled to a period of leave that is equal to their usual working week. If someone works 2 days a week then they are entitled to 2 days leave.

In relation to employees working part of the year or variable hours:

  • calculate the total hours worked in the previous 12 months including any holiday or family related leave;
  • divide that by 52 weeks or the number of weeks worked if worked for less than a year.

C. The minimum notice requirements which are as follows:

Number of days requested Minimum notice requirements
½ - 1 day 3 days
1.5 - 2 days 4 days
2.5 - 3 days 6 days
3.5 - 4 days 8 days
4.5 - 5 days 10 days
6 days 12 days

The Guidance is extremely helpful and provides some useful practical information to navigate this new legislation. Employers should consider updating or creating policies to inform employees of the new right and the logistics of requesting and taking carer’s leave. This may also include introducing systems of self-certification and record-keeping to track the number of days taken, as well as avenues of offering any additional support to their employees. Whilst employers do not have to pay employees for carer’s leave, they may choose to do so and will need to consider updating policies to confirm the pay arrangements, as well as reflect this in any payroll systems.

Education around this new right is essential to ensure staff are aware of when and how they can take carer’s leave, and how employers can sensitively handle staff absences. Our expert employment lawyers can advise on a wide range of issues to support your organisation implement these changes, from policy drafting and HR operations to claims for unfair dismissal or detriment.