What rights do working carers have?
The Right to Request Flexible Working
Carers have the right to request flexible working if they are an employee with 26 weeks (six months) continuous employment at the time they make an application.
A request can be made at any time and an employer has up to three months to make a decision. The law gives you the right to make one application a year for flexible working, so it is important that you put forward the best case you can. However, your employer may be sympathetic if you find your circumstances have changed and you need to make a further application.
For further information on flexible working requests, please click here.
The Right to Time Off in Emergencies
All employees have the right to take a ‘reasonable’ amount of time off work to deal with an emergency or an unforeseen matter involving a dependant.
This may be your partner, child or parent, or someone living with you as part of your family – others who rely on you for help in an emergency may also qualify. The time off is unpaid unless your employer is willing to give paid time off as a contractual right.
You can find more information here.
Protection from Discrimination
If you are looking after someone who is elderly or disabled, you are protected by the Equality Act 2010 from direct discrimination or harassment because of your association with the person you care for; this is called “discrimination by association” .
This is because you are counted as being 'associated' with someone who is protected by the law because of their age or disability.
You can find more information here.
The Right to Parental Leave
If you have worked for the same employer for 12 months and you are responsible for a child aged under 18, you are entitled to 18 weeks’ leave per child, which must be taken by the child’s 18th birthday. This time off is unpaid unless your employer is willing to give paid time off as a contractual right.
You can find more information here.
Carers Leave Act 2023
The Carer’s Leave Act 2023 is the legislation that introduced a new statutory right and it came into effect on 6th April 2024. Prior to this, there was no legal provision allowing employees to take time off specifically because of their caring responsibilities.
The Act gives the Secretary of State the power to create an entitlement to carer’s leave, allowing employees to be absent from work “in order to provide or arrange care for a dependant with a long-term care need.”
This leave is a day-one right, available to all employees without any qualifying period. It applies to anyone caring for a spouse, civil partner, child, parent, or other dependant who requires care due to disability, old age, or any illness or injury likely to last at least three months.
Carer’s leave is unpaid. The maximum duration and how it can be taken will be set by regulations, but the Act requires the entitlement to be at least one week per year.
For further information on the Bill and how you can support it please click here.
Contractual Rights
Some employers provide rights around flexible working, time off for emergencies and parental leave in addition to those rights laid out in law.
Employers might also have a policy specifically for those employees with a caring role. It is a good idea to talk to your employer about your responsibilities as a carer. You should consider what you would like to share regarding your caring role and about how your caring role may affect your work.
You could also think about what might work for both you and your employer in order for you to feel supported in your caring role. You should also check your contract of employment, staff handbook, HR policies and letter of appointment, as it may offer further information on what support you can expect.