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 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 their association with the person they 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.
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.
Carers Leave Act 2023
Update: As of 1st of June, 2023, the Carers Leave Act has passed Royal Assent and is said to become law as early as 2024.
At present, we have no legislation in place which directly allows for people to take time away from work as a result of their caring role.
The Bill would require and give the Secretary of State the power to create a new entitlement to carer’s leave, “entitling an employee to be absent from work on leave under this section in order to provide or arrange care for a dependant with a long-term care need.”
This leave would be a day one right, available to all employees without any qualifying period. It would apply to anyone caring for a spouse, civil partner, child, parent or other dependent who needs care because of a disability, old age or any illness or injury likely to require at least three months of care.
This leave would be unpaid. The maximum duration of the leave and how and when it could be taken would be set by regulations, although the Bill would require the leave entitlement to be at least one week per year.
For further information on the Bill and how you can support it please click here.
