From 6 April 2024, UK law introduced a new right for employees to take time off to care for others. This explainer sets out what your business needs to know, and do, to stay compliant.
Caring responsibilities are a growing reality for people working in the screen industries. The new carer’s leave framework gives employees the legal right to take up to one week of unpaid leave each year to care for someone who needs long-term support.
Two pieces of legislation are involved:
The Carer’s Leave Act 2023
Introduces the right to time off and protects employees from unfair treatment if they use it
The Carer’s Leave Regulations 2024
Set out the practical details of how the leave works, such as eligibility, notice, and employer responsibilities
Employees can take carer’s leave if they are looking after someone with a long-term care need, such as:
A partner, parent, child or other close family member
Someone they live with (not a lodger, tenant, or employee)
Someone who relies on them for care (this could include a friend or neighbour)
A long-term care need includes:
A physical or mental health condition expected to last at least 3 months
A disability (as defined under the Equality Act 2010)
Old age-related needs
Up to one week of unpaid leave in any 12-month period
Can be taken as half-days, full days, or a full week
Employees are eligible from day one of their employment
Employees must give notice before taking the leave. The notice doesn’t need to be in writing.
For 1 day or less: at least 3 days’ notice
For more than 1 day: notice must be twice the length of the leave requested
(e.g. 6 days' notice for 3 days of leave)
You cannot refuse a carer’s leave request. However, you can delay it in limited circumstances where the absence would cause serious disruption.
If you delay leave:
You must put the reason in writing within 7 days of the request
The delayed leave must still be taken within one month of the original requested date
The Carer’s Leave Act 2023 protects employees from being:
Dismissed
Penalised (e.g. demoted, given fewer hours)
Treated unfairly for requesting or taking carer’s leave
Any such treatment could lead to legal claims. It’s important to train managers and respond appropriately to requests.
To stay compliant and support staff, you should:
Introduce a Carer’s Leave Policy (download a template [here])
Train team leads and managers on how to respond to requests
Update internal guidance or staff handbooks to reflect the new rights
Be proactive about flexible working options for carers where possible
Some businesses choose to offer more than the legal minimum, such as:
Paid carer’s leave
More than one week of unpaid leave
Flexible hours or remote working options for ongoing care needs
Going beyond the basics can help with staff wellbeing, retention, and recruitment.
Disclaimer:
This document is for general information purposes only and is not intended to constitute legal advice. While every effort has been made to ensure the accuracy of the information at the time of writing, it should not be relied upon as a substitute for professional legal advice specific to your business or circumstances.