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Carers Leave – does it really help those who need it?

THSP Employment Law Consultant - Andrew Wilson

By Andrew Wilson

LinkedIn profile

From the 6th April this year much needed protection was afforded workers who have a vital role in supporting their nearest and dearest due to incapacity; but does a week of unpaid leave each year really help?

Carers leave is intended for times where someone dependent upon support requires help, such as medical appointments, legal advice and transportation; elements of care that routine support does not cater for.

A dependent is anyone who relies upon a person for long term care, under the definition of disability within the 2010 Equality Act, which is ‘someone who has a physical or mental impairment that has a substantial and long-term effect of their ability to do normal day to day activities’. The Dependent does not need to be a relative.

Requests can be in consecutive or non-consecutive blocks of full or half days, including a full week at any one time.  The leave of one week, or part of this, in any 12-month rolling period. During any period of leave an employee retains all continuing employment rights such as holiday pay and service, but will not be entitled to any pay.

These are new statutory rights for carers, so failure to afford the leave or treat the employee less favourable could be automatically unfair, if a claim is made.  That means considering carers leave separately to sick leave, when it comes to attendance management.

Employers must be open to carers leave, have a policy in play and ensure its communicated.

The question is whether a week is enough? In two months, I am not aware of any requests for carers leave amongst our customers, or at THSP. People are still taking annual leave to help out their loved one.

If you have any questions regarding this or any other HR matter, then ‘Ask Andrew’ via marketing@thsp.co.uk