The Carer's Leave Act 2023 gives employees a day-one right to one week's unpaid leave each rolling 12 months to care for a dependant; since 6 April 2024 employers cannot refuse it, only postpone.
What the Act actually grants
The Act amends the Employment Rights Act 1996 to create a new statutory right to carer's leave. The detail lives in the Carer's Leave Regulations 2024, which came into force on 6 April 2024. An employee can take up to one week (their normal working week) of unpaid leave in any rolling 12-month period to care for a dependant who has a long-term care need. There is no minimum service: it applies from the first day of employment, so a new starter has it just as a ten-year employee does. Leave can be taken as individual half-days, full days, or one continuous block.
Who counts as a dependant, and the "long-term" gate
The dependant definition is deliberately broad. It covers a spouse, civil partner or partner, a child, a parent, anyone living in the same household (other than a tenant, lodger or employee), and anyone else who reasonably relies on the employee for care, such as an elderly neighbour. What scopes eligibility is not a diagnosis but a long-term care need: an illness or injury needing care for more than three months, a disability under the Equality Act 2010, or care needs connected with old age.
The notice formula, and the no-evidence rule
This is the part employer summaries most often gloss. The employee must give notice of at least twice the length of the leave requested, or three days, whichever is greater. The notice need not be in writing, and you may not require it in writing. Crucially, you cannot ask for any evidence of who is being cared for or why.
| Leave requested | Minimum notice |
|---|---|
| Half a day | 3 days |
| 1 day | 3 days |
| 2 days | 4 days |
| 5 days (one week) | 10 days |
You cannot refuse, only postpone
There is no power to turn a request down. The only lawful response short of agreeing is a time-limited postponement, and only where granting the leave on the requested dates would cause serious disruption to your business. If you postpone, you must:
- agree an alternative date that falls within one month of the date the employee originally asked for;
- set out in writing, within seven days of the original request, that you are postponing and why; and
- do this before the leave is due to start.
Treating a postponement as a refusal is risky. Employees are protected from being treated badly for taking or asking for carer's leave, and any dismissal connected with it is automatically unfair, with no qualifying service needed.
Where the law comes from
Related
This page is general information, not clinical or legal advice.