There is now a day-one right for employees to take up to one week’s unpaid leave in a rolling 12 month period, to provide or arrange care for a dependant with a long-term care need. An employee is only entitled to one week’s leave, irrespective of how many dependants the employee has.

 

A dependant is:

 

• a spouse, civil partner, partner, child or parent of the employee or
• anyone who lives in the same household as the employee (but not tenants, lodgers, boarders or employees) or
• anyone who relies on the employee for care, such as an elderly neighbour.

A person with long-term care needs is someone with an illness or injury that requires or is likely to require care for more than three months; has a disability under the Equality Act 2010; or requires care for a reason connected with old age.

 

The leave can be taken in either half-days, full days or one entire week. The employee needs to give notice to exercise the right which is the greater of three days or double the leave requested. The notice does not need to be in writing.

 

Employers cannot decline the request but may postpone the leave, in certain circumstances.

 

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or [email protected].

 

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

 

The above does not constitute legal advice.