The Caring Reality Check
Let's talk about a right that has been quietly changing workplaces since April 2024, yet still leaves many HR professionals scratching their heads. Carer's leave, introduced by the Carer's Leave Act 2023, isn't just another bit of legislation to file away. It's a response to a sobering reality: around 600 people a day leave work to care for an older, ill or disabled relative or friend, according to Carers UK.
If you manage people, you're almost certainly managing carers, whether you know it or not. And 2026 has brought fresh momentum: the government has now consulted on improving carers' employment rights, including the option of paid carer's leave.
Here's what we'll cover: who qualifies and how much leave they get, how to handle requests, how carer's leave fits with your other leave types, and what the 2026 consultation could mean for your policy.
Understanding the Basics: Who, What and How Much
Employees can take up to one week of unpaid carer's leave in any 12-month period to provide or arrange care for a dependant with a long-term care need. "One week" means the employee's usual working week: five days for someone who works five days, three days for someone who works three. For people with variable hours, it's their average weekly hours over the past year.
The leave can be taken flexibly, in half days, full days, or as a whole week at once. And it's a day-one right: there's no qualifying period, so your newest starter has the same entitlement as someone who's been with you for decades.
Employees don't have to provide evidence of their caring responsibilities. No doctor's notes, no proof of relationship. That might make some HR folks twitchy, but it's how the law works, and in practice abuse is rare.
Who Counts as a Dependant?
The definition is broad. A dependant can be a spouse, civil partner or partner, a child, a parent, someone who lives in the same household (but not a tenant, lodger or employee), or anyone who reasonably relies on the employee for care, such as an elderly neighbour.
The dependant must have a long-term care need, meaning at least one of the following:
- a disability as defined by the Equality Act 2010
- an illness or injury likely to need care for at least three months
- care needs connected with old age
The week's entitlement is a single allowance, however many people someone cares for. An employee looking after both an elderly parent and a disabled sibling still gets one week in total, not two.
Managing Requests: The Practical Playbook
Requests don't need to be in writing, but the employee must give notice before the leave starts. The minimum notice is three days, or twice the length of the leave requested if that's longer. So:
| Leave requested | Minimum notice |
|---|---|
| Half a day or 1 day | 3 days |
| 2 days | 4 days |
| 3 days | 6 days |
| 5 days | 10 days |
You can't refuse carer's leave. You can postpone it, but only if the absence would cause serious disruption to the business. If you do, you must agree a new date within one month of the date originally requested, and explain the reason for the postponement in writing within seven days of the request, or before the leave was due to start if that's sooner. "Serious disruption" is a high bar; it isn't a way out of an inconvenient request.
Employees on carer's leave are protected from detriment and dismissal because of it, and keep their right to return to the same job on the same terms, including holiday accrual and benefits.
"The right to carer's leave isn't just about compliance. It's about recognising that your best performers might also be incredible carers, and supporting them to be both without burning out."
Recording Carer's Leave Properly
Even though you can't ask for evidence, you do need to record carer's leave separately from annual leave and sickness, both to track each person's 12-month allowance and because the protections differ between leave types. A leave management system with a separate carer's leave type makes this simple, and lets employees see how much they have left.
Carer's Leave vs Time Off for Dependants
It's worth making the distinction clear to managers. Carer's leave is for planned, foreseeable care: hospital appointments, arranging respite care, helping someone move into a care home. Time off for dependants (sometimes called emergency leave) is a separate right for unexpected situations, such as when care arrangements suddenly break down. If someone can't give the notice carer's leave requires, time off for dependants may apply instead.
And from April 2027, the Employment Rights Act 2025 adds another separate right: statutory bereavement leave. Your policies should make clear how all of these fit together.
The Bigger Picture: Beyond Compliance
The legislation doesn't spell it out, but enhanced carer's leave can be a powerful retention tool. Replacing an experienced employee costs far more than a few days of paid leave, especially in skilled roles.
Many organisations already go beyond the statutory minimum, offering paid carer's leave, extra days, or flexible working arrangements designed around caring responsibilities. It's not altruism; it's pragmatism.
Looking Ahead: Will Carer's Leave Become Paid?
The Employment Rights Act 2025 didn't change carer's leave, but the government committed to reviewing it. In June 2026, the Department for Business and Trade launched a consultation on employment rights for unpaid carers and parents of seriously ill children, which closed on 1 September 2026. The options it explored included clearer guidance, more unpaid leave, a longer period of leave with a right to return, and a short period of paid carer's leave.
At the time of writing, the government hasn't published its response, so nothing has changed yet. But the direction of travel is clear, and Carers UK and many employer groups are pushing for paid leave.
For HR teams, this means building policies that can adapt. If you're writing or reviewing your carer's leave policy now, include a review date, and think about whether you'd rather introduce some paid leave on your own terms before you're required to.
Conclusion: Embrace the Inevitable
Carer's leave isn't perfect. One week of unpaid leave won't solve the care crisis or stop talented people leaving the workforce. But it's a start, and it's a clear signal about where workplace culture is heading.
The message for HR is simple: get ahead of the curve. Make sure managers understand the rules, record carer's leave properly, and create a culture where people feel safe telling you about their caring responsibilities without worrying about their careers.
Most importantly, remember that behind every carer's leave request is someone trying to do right by a vulnerable person while holding down a job. Supporting them isn't just good HR practice; it's good business. After all, most of us will be carers at some point in our lives.
