The Carer's Leave Act: Your Rights as a Working Carer

Topic cluster: Supporting the Family Carer | Reading time: 5 min

The Carer's Leave Act 2023 introduced a new statutory entitlement to unpaid leave for working carers in England, Scotland, and Wales, coming into force in April 2024. If you are caring for a parent while in employment, understanding your rights under this legislation could make a significant practical difference. This guide explains what the Act provides, how to use it, and what it doesn't cover.

What Is the Carer's Leave Act 2023?

The Carer's Leave Act 2023 gives employed carers the right to take up to one week (5 working days) of unpaid leave per year to provide or arrange care for a dependent with a long-term care need. This is a day-one employment right — it applies from the first day of employment.

The Act was introduced in recognition that the UK's approximately 10 million unpaid carers faced a significant gap in employment rights compared to other categories of leave (parental, bereavement, etc.).

Who Qualifies for Carer's Leave?

You qualify for carer's leave if:

You are an employee (not self-employed or a worker)
You have a dependent with a long-term care need

Your dependent must have:

A physical or mental illness or injury that requires care for more than 3 months
A disability as defined under the Equality Act 2010
Care needs related to old age

A "dependent" includes: a spouse, civil partner, child, parent, person who lives with you, or person who reasonably relies on you for care.

A parent with dementia, Parkinson's, frailty, or other age-related conditions clearly qualifies.

What the Leave Provides

Duration: Up to 1 week (or the equivalent of your working week) per rolling 12 months
Pay: Unpaid — the leave is statutory but not paid
Flexibility: Can be taken as individual days, half-days, or a full week
Notice: You must give notice equal to twice the period of leave requested (e.g., 2 days' notice for 1 day's leave), or 3 days' notice, whichever is longer. Notice can be given verbally or in writing
No evidence required: You are not required to provide evidence of your caring role or the reason for leave

How to Request Carer's Leave

Give your employer the required notice (double the leave requested, minimum 3 days)
You do not need to provide proof or documentation
Your employer cannot refuse the leave (but may postpone it — see below)
You can choose how much detail to share — you are not required to disclose the nature of your caring responsibilities

Can your employer refuse? Employers cannot refuse carer's leave outright, but they can postpone it by up to 1 month if the leave would unduly disrupt business. If they postpone, they must allow you to take the leave at an alternative agreed time and give you the reason in writing.

Protection from Detriment and Dismissal

The Act provides employment protections for carers who take leave:

You are protected from being dismissed, selected for redundancy, or subjected to detriment (e.g., passed over for promotion, disciplinary action) because you took or requested carer's leave
These protections apply regardless of how long you have been employed

Beyond Statutory Rights: Your Employer's Policy

Many employers already have more generous flexible working or carer support policies than the statutory minimum. Check your employee handbook or speak to HR about:

Flexible working arrangements — adjusted hours, remote working, compressed hours
Enhanced carer's leave — some employers offer paid carer's leave beyond the statutory week
Employee Assistance Programmes (EAP) — many include counselling and practical support for carers
Carer networks — internal employee groups for those with caring responsibilities

Under the Employment Relations (Flexible Working) Act 2023 (also in force from 2024), employees can request flexible working from day one of employment.

What Carer's Leave Doesn't Cover

It is unpaid — there is no statutory pay attached (unlike maternity or sick leave)
It only applies to employees — self-employed people, contractors, and workers are not covered
It is limited to 1 week per year — which may be insufficient for significant caring roles
It does not create a right to particular shift patterns or ongoing flexibility (that requires a flexible working request)

Practical Uses for Carer's Leave

One week may not sound like much, but it can be used strategically:

Attending care needs assessments or medical appointments
Visiting and selecting care homes
Managing a parent's hospital discharge
Attending key meetings with social workers or care managers
Covering a care gap in an emergency

Navigating care decisions alongside a busy working life? homeformum.com helps working families find and arrange the right care for their parent efficiently.