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    • Should carers’ leave be paid?
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    Should carers’ leave be paid?

    Umito Posted on

    A report from the charity Carers UK says the right to a week of unpaid Caregiver leave is a positive step forward for more than two million employees who are currently balancing their professional and family responsibilities. However, the report calls on the government to introduce a legal right to five days’ leave. paid carers’ leave per year during the current legislature.

    Current legal law

    The Carers’ Leave Regulations 2024 came into force on 6 April 2024 and sets out the details of how the leave entitlement will work. The regulations apply to employees in England, Wales and Scotland. Leave is a “day one” right, meaning there is no minimum service requirement.

    Under the regulations, eligible employees are entitled to take up to one week of unpaid leave over a rolling 12-month period to provide or arrange for the care of a “dependent” with a “care need.” long-term”. Half-days can be taken within the framework of employee rights.

    Who is a dependent?

    This leave must be used to care for the employee’s spouse or civil partnership, a child, a parent or a person living at home (excluding boarders, tenants or tenants or people employed by the employee). This also extends to people who can reasonably rely on the employee to provide or arrange for care, such as an elderly neighbor.

    What is a “long-term care need”?

    The person being cared for must have a long-term care need, defined as an illness or injury (physical or mental) that requires (or is likely to require) care for more than three months; a disability as defined by the Equality Act 2010; or require care related to old age.

    Notice of leave

    Employees wishing to take carer’s leave must inform their employer and must not have exceeded their rights in the last 12 months. Legal notice does not have to be in writing, but many employers require that notice be in writing to ensure accurate recordkeeping.

    The minimum notice an employee gives will be the greater of: notice of twice the number of days of leave requested; or with three days’ notice.

    An international comparison

    Unlike the legal provisions regarding unpaid leave introduced in April 2024, the legal provisions paid leave already exists in many other jurisdictions. Annex Two of the report refers to a table that summarizes rights in seven countries (Australia, Canada, Finland, Germany, Italy, Japan and Sweden) that have statutory paid leave, indicating that other countries are taking the lead in regarding the granting of paid leave. support for caregivers.

    Improve current statutory law

    THE report provides information on the benefits for employers of improving entitlement to carers’ leave. While we wait to see whether the current government will make improvements to unpaid leave, employers remain free to make contractual improvements to this statutory right; for example, they could provide a contractual right to paid leave for carers’ leave or offer a longer period of absence than the legal maximum.

    International employers with eligible employees in countries that offer paid leave may consider aligning contractual benefits across locations to provide a consistent, uniform approach to employee support.

    Even if improvements to caregiver leave aren’t yet on your radar, you might consider creating a policy to inform employees of the right and the logistics of requesting and taking leave. Information and training for managers can also help them deal with possible sensitive people around this subject.

    Rachel Easton is an employment lawyer at Vedder Price

    Umito
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