Your rights as an unpaid carer at work
Trying to balance working with caring for a loved one can be challenging, so it is important to know what rights you may have. As an employed unpaid carer, under the Carer’s Leave Act 2023, you are entitled to up to one week of unpaid Carer’s Leave each year. You also have:
- The right to request flexible working.
- The right to time off for emergencies (usually unpaid).
- The right to parental leave if you care for a child (under 18) and have continuous employment with your employer for one year (usually unpaid).
- The right to protection from discrimination because of your caring role.
Statutory rights are the law and everyone has them. Contractual rights are what are stated in your contract of employment. You will need to check your contract of employment to see what these are as they will vary dependant on the organisation.
It is up to you whether you inform your employer about your caring role, but you may find that by informing them, you may be entitled to support to manage leave arrangements. There may also be colleagues who also care for someone who can support you.
Some places of work have a carer’s policy. This may be recorded in your contract of employment, appointment letter or a staff handbook. We also encourage organisations to sign up to our Carer Friendly Tick Award.
You have the right to request flexible working if you have been employed by an organisation for 26 weeks or more. Flexible working may be home working, flexible hours, part-time hours, job sharing, term-time only, working from a different office, etc.
An employer must have seriously considered a statutory request for flexible working. To refuse the request there has to be a valid business reason. Some examples of why they may refuse are the organisation will not be able to meet the demands of customers, extra costs that can damage the business or the hours you are requesting there will not be enough work.
A carer has the right to time off in emergencies. You have the right to a reasonable amount of time to deal with an emergency situation.
This could be involving a family member, but also anyone that may depend on you. This may not be paid (you will need to check your contract of employment).
Protection from discrimination
The Equality Act 2010 protects people caring for someone who is an older person or who has a disability as they are associated with someone who is protected by law. For example, you could not be turned down for a job because of your caring role.
If you are caring for a child (under 18) and you have continuous employment with your employer for one year you are entitled to parental leave. This is usually unpaid.
Leave can be in blocks of one week, but also can be taken one day at a time. The maximum amount of leave is four weeks in a year, and you should give at least 21 days’ notice.
For more information…
carersuk.org/help-and-advice/work-and-career
which.co.uk/later-life-care/carers-and-caring/carers-rights-at-work/flexible-working-a21gz1f0lcgl
For more information please contact us on 0345 241 0954 or at [email protected]
