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Do we have to pay employees for carer's leave?

No. Statutory carer's leave is unpaid by law, so you do not have to pay it: one week per rolling 12 months, a day-one right since 6 April 2024. Your contract or policy may give more.

Emma Owen, Owner of The SEN Support Studio — reviewer of this Remarkable Minds answer

Fact-checked by Emma Owen, Owner of The SEN Support Studio. Last reviewed .

Former Local Authority SEN Advisor & specialist SEN teacher · 6+ years across SEN

No. Statutory carer's leave is unpaid by law, so you do not have to pay it: one week per rolling 12 months, a day-one right since 6 April 2024. Your contract or policy may give more. The leave was created by the Carer's Leave Act 2023 and is for an employee with a dependant who has a long-term care need: a long-term illness or injury, a disability under the Equality Act 2010, or care needs connected to old age.

Why it is unpaid

The Carer's Leave Regulations 2024 say that during the leave the employee keeps the benefit of all their terms and conditions of employment apart from the right to remuneration. In plain terms, that one clause is what makes the leave unpaid. Acas puts it the same way: an employer can choose to pay staff for this type of leave, but they do not have to.

The unpaid minimum is a floor, not a ceiling

This is the part the top results miss. The statutory position is the least you must offer, and your own paperwork can sit above it. Two different things are in play:

  • The statutory default: one week of unpaid leave per rolling 12 months, taken in half-days, full days, or a single block, with no pay attached.
  • What you have written down: a contract, staff handbook, or collective agreement can make carer's leave paid, or give more than a week. Where it does, that term binds you and overrides the unpaid default.

So check your own documents before you answer the employee. If your handbook already promises paid carer's leave, payroll keeps paying, whatever the statutory minimum says.

What you cannot do, and what you can

Two more rules round out the answer. You cannot ask for evidence of the dependant's care need or require the employee to explain why the leave is needed: the right is self-certified. And you cannot simply refuse a request. Where the leave would unduly disrupt your business, you may postpone it, but only if you agree a new date within a month and confirm the postponement in writing. Refusing outright, or treating the employee badly for asking, risks a tribunal claim.

How it sits alongside other leave

Carer's leave is separate from the older right to time off for dependants, which covers sudden emergencies and is also unpaid. It is also separate from any paid family leave you offer. For the wider picture, see what carer's leave is and how much you have to give and the Carer's Leave Act 2023 explained for employers.

Where the law comes from

Related

This page is general information, not clinical or legal advice.

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Do we have to pay employees for carer's leave? | Remarkable Minds