Carers in the Workplace - Recognising your rights
Frequently asked Questions
What is Carer’s Leave?
Carer’s leave is when an employee takes time off work to give or arrange care for a dependent who needs long-term care.
What is a dependant and what is long-term care?
A dependant can include:
- Husband, Wife, Civil Partner or Partner
- Child
- Parent
- A person who lives in the household (not tenants, lodgers or employees)
- A person who relies on them for care, such as an elderly neighbour
A long-term care need can include the following:
- A disability as defined under the Equality Act 2010
- An illness or injury that is likely to need care for at least 3 months
- A care need related to old age
How much Carer’s Leave am I entitled to?
From day one of employment, employees can take up to one week of carer’s leave every twelve months. This leave can be taken flexibly in half days, full days, or as a whole week, allowing employees to manage their responsibilities without needing to use the days consecutively. Despite the number of dependents, the leave is capped at one week per year.
For employees with variable hours or part-time schedules, entitlement to carers leave is calculated by adding up the total hours worked in the past year and then dividing by 52 weeks, or by the number of weeks worked, if employed for less than a year. Importantly, employees retain all employment terms and conditions during their leave, with the exception of remuneration, ensuring job security and continuity of benefits.
How long do I have to have worked somewhere before I’m entitled to Carer’s Leave?
The entitlement to one week of Carer's Leave is available to all employees, regardless of their length of service with the employer, ensuring that everyone has access to this essential support when needed.
Carer's Leave also allows employees to take time off work to care for someone in need, without the usual constraints of notice periods in emergency situations.
For non-emergency situations, however, employees are required to give notice, which varies depending on the duration of the leave they intend to take.
Can my employer reject my ‘Carer’s Leave request?
While an employer cannot outright refuse a request for Carer's Leave, they do have the discretion to postpone it, under specific circumstances. For instance:-
- If granting leave during the requested timeframe significantly disrupts business operations.
- The employer allows the employee to take a period of carer's leave of the same duration, within a month of the period initially requested.
- The employer gives the employee a written notice within seven days of the initial request, setting out the reason for the postponement and alternative dates on which the leave can be taken.
Could I request flexible working hours?
The Employee Relations (Flexible Working) Act gives you the right to ask your employer for flexible working from day one of your employment. This could include working ‘core hours’ with some flexibility as to how hours are worked, so an employee’s time can work around their caring responsibilities.
If I am a parent and need to take additional leave to look after my child?
An employee can take up to 18 weeks ordinary parental leave to look after a child. This is instead of or in addition to carer’s leave.
Am I entitled to Respite Care or ‘Short Break’ Care?
If you need someone to help look after the person you care for while you are at work, you can apply for respite care.
This includes:-
- Getting a paid carer or volunteer to sit with the person you care for.
- A regular place in a day care centre for the person you care for.
Your local council may pay for respite care but you and the person you care for will need an assessment before you can apply.
Does Carer’s Leave have to be unpaid?
An employer might choose to pay their employees for Carer’s Leave, but they do not have to. Some employers offer some paid leave days for caring. It is worth checking whether your employer provides this.
Am I entitled to Carer’s Allowance?
You may be entitled for Carer’s Allowance if you, the person you care for and the type of care you provide meets certain criteria.
You can work and get Carer’s Allowance, so long as you are caring for at least 35 hours a week and that you are usually earning less than £151 week after tax, national insurance and expenses (other eligibility criteria apply).
What is Carer’s Credit?
This is a payment that is added towards a carer’s national insurance record.
If someone is a carer and has reduced their working hours, it is less likely that they are able to pay into national insurance therefore, Carer’s Credit bridges this gap.
Carer’s rights in the workplace An employee who is a carer cannot be discriminated against based on their association with somebody who has, for example, a disability or their age, which are protected characteristics. Therefore, an employee cannot be treated less favourably than other colleagues or receive a detriment due to their caring role. This is sometimes referred to as discrimination by association and harassment.
How we can help?
Sydney Mitchell's employment team is renowned for offering comprehensive support and expert guidance in dealing with a wide range of employment-related issues. They are dedicated to providing personalised solutions tailored to meet the specific needs of their clients, ensuring a clear understanding of rights and obligations in the workplace. To contact our team e-mail enquires@sydneymitchell.co.uk or telephone 0121 746 3300.
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