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Carer's Leave: The UK Day-One Right and How It Compares With Australia

Carer's leave in the UK is a day-one right for employees to take up to one week of unpaid leave every 12 months to give or arrange care for a dependant with a long-term care need. It came in on 6 April 2024 under the Carer's Leave Act 2023, employers can't refuse it, and in Australia carer's leave comes out of the 10 days of paid sick and carer's leave instead.

Carer's leave is one of the newer UK employment rights, so it's easy to miss if your staff handbook was written before 2024. It's simple once you see the rules: a week a year, short notice periods and no evidence required. Here's what GOV.UK and Acas say, plus how the Australian version works.

Who counts as a dependant

GOV.UK says the dependant doesn't have to be a family member. Acas lists a husband, wife, civil partner or partner, a child, a parent, someone who lives in the employee's household (not a tenant, lodger or employee), or anyone who relies on them for care. The dependant must have a long-term care need, meaning a disability under the Equality Act 2010, an illness or injury likely to need care for more than 3 months, or a need for care because of old age.

Acas gives practical examples: taking a disabled child to a hospital appointment, moving a parent with dementia into a care home, or providing meals and company for an elderly neighbour while their usual carer is away for the day.

How much carer's leave employees get

Working patternCarer's leave entitlement
Regular hoursOne working week every 12 months, so 3 days for someone who works 3 days a week
Variable hoursTotal hours in the previous 12 months divided by 52
In the job less than a yearHours worked divided by the number of weeks they've worked
In their first weekThe hours they're expected to work that week
Caring for more than one personStill one week in total, which can be split between them

Acas's worked example: Sam works variable hours and did 780 hours in the previous 12 months, so 780 divided by 52 gives 15 hours of carer's leave. The leave can be taken as a whole week, single days or half days.

Notice: the 'twice as long' rule

The notice rules are the part people most often get wrong. GOV.UK says that for half a day or a day, the employee must give at least 3 days' notice. For more than a day, the notice must be at least twice as long as the leave, so 2 days off needs 4 days' notice. Notice is counted in full days, even when the request includes half days.

  • Employees don't need to give evidence of their dependant's care needs.
  • In a real emergency, they can use time off for dependants instead, which needs no notice period.
  • Parents can also take up to 18 weeks of parental leave for a child, which is separate from carer's leave.

Can an employer refuse or delay it?

No employer can refuse a carer's leave request. They can only postpone it if the absence would cause serious disruption to the business, and then they must agree another date within one month of the date requested, and put the reason and new date in writing within 7 days of the request and before the leave was due to start.

While on carer's leave, employees keep their terms and conditions, including holiday accrual and benefits. Acas says it's against the law to dismiss someone or cause them detriment because of carer's leave, such as turning down training requests or overlooking them for promotion.

Is carer's leave paid?

Not by law in the UK. Acas says employers can choose to pay it but don't have to, so employees should check their contract or the organisation's policy. Some employers offer paid carer's days as a benefit, which is worth mentioning in job adverts if you do.

Carer's leave in Australia

Australia handles it differently. Under the Fair Work Ombudsman's guidance, carer's leave is part of sick and carer's leave, also called personal leave. Full-time employees get 10 days a year, pro-rata for part-timers, and can use it to care for an immediate family or household member who is sick, injured or affected by an unexpected emergency. Casual employees get 2 days of unpaid carer's leave per occasion, and full-time and part-time staff can take unpaid carer's leave once their paid leave runs out.

Australian readers will want our guide to the National Employment Standards for the national baseline.

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How to handle carer's leave as a small employer

  1. Add carer's leave to your handbook as a day-one right.
  2. Explain the notice rule with an example, so staff know how far ahead to ask.
  3. Decide whether you'll pay it, and say so clearly.
  4. Agree who can postpone leave, and only for serious disruption.
  5. If you postpone, give the new date within a month and in writing within 7 days.
  6. Record leave taken so you know when the 12-month period resets.

A leave management tool makes the 12-month tracking easier, and UK HR support services can update your policies for you.

My verdict

A week of unpaid carer's leave costs a small business very little, and it keeps good people who'd otherwise be forced to choose between work and someone they love. Put it in writing, explain the notice rule clearly, and if you can afford to pay a day or two, it's one of the most appreciated benefits you can offer.

Time off after a death is a different right, covered in our bereavement leave guide.

Frequently asked questions

How much carer's leave can UK employees take?

Up to one working week every 12 months, from their first day of employment.

Is carer's leave paid in the UK?

No, not by law. Employers can choose to pay it.

How much notice is needed for carer's leave?

At least 3 days for half a day or a day. For longer, at least twice the length of the leave.

Can my employer refuse carer's leave?

No. They can only postpone it for serious disruption, agree a new date within a month and explain in writing within 7 days.

Do I need to prove my dependant needs care?

No. GOV.UK says employees don't need to give evidence of their dependant's care needs.

What is carer's leave in Australia?

It's part of sick and carer's leave. Full-time employees get 10 paid days a year in total, and casuals get 2 days of unpaid carer's leave per occasion.

Published and maintained by the Lilach Bullock team, covering marketing, AI and business growth.
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