What is Caregiver Leave?
Caregiver leave in the UK is a type of employment right that allows employees to take time off work to care for a dependent who is ill, injured, or facing an emergency. This leave is designed to help you manage unexpected situations where someone who relies on you—such as a child, partner, parent, or someone living with you as part of your family—needs your immediate care and support.
The main purpose of caregiver leave is to provide employees with the flexibility to respond to urgent family needs without putting their job at risk. Under UK law, this is often referred to as “time off for dependants.” The right is set out in the Employment Rights Act 1996, which gives employees the ability to take reasonable unpaid time off to deal with emergencies involving their dependants.
Key characteristics of caregiver leave include:
Unpaid Leave: In most cases, caregiver leave is unpaid, although some employers may choose to offer paid leave as part of their company policy. It’s important to check your employment contract or staff handbook for details.
Short Duration: The law allows for a “reasonable” amount of time off, typically ranging from a few hours to a couple of days, depending on the situation. The leave is intended for the immediate response to an emergency, not for long-term care.
Urgent Family Care: Situations covered include sudden illness or injury, the breakdown of care arrangements, or incidents at school involving your child. For example, if your elderly parent falls ill suddenly or your child’s usual carer is unavailable, you can take time off to make alternative arrangements.
Balancing work and family responsibilities can be challenging, especially when unexpected events arise. Caregiver leave is a vital support for employees, ensuring you can look after those who depend on you while maintaining your employment security. If you need to take time off for a dependant, you should inform your employer as soon as possible, explaining the reason and how long you expect to be away.
Understanding your rights around caregiver leave can help you plan and respond effectively when family emergencies occur. To see how caregiver leave fits into the wider range of employee entitlements, you can find more information on Leave Rights, which covers different types of leave available to UK workers.
Who Can Take Caregiver Leave?
Caregiver leave in the UK is designed to help employees take time off work to look after someone who depends on them in an emergency or when urgent care is needed. Understanding who qualifies for this type of leave, and under what circumstances, can help you make informed decisions about your rights at work.
Under Section 57A of the Employment Rights Act 1996, all employees have the right to take a “reasonable” amount of unpaid time off to deal with certain situations involving dependents. This right applies from the first day of your employment—there is no minimum length of service required. However, it does not apply to workers, agency staff, or self-employed individuals.
To be eligible, you must be classified as an employee. This means you have a contract of employment and your employer deducts tax and National Insurance from your wages.
A dependent is someone who relies on you for care or assistance. The law defines a dependent as:
Your spouse or civil partner
Your child
Your parent
A person who lives in the same household as you (but not as an employee, tenant, lodger, or boarder)
Anyone who reasonably relies on you for help in an emergency—for example, an elderly neighbour or a close friend who depends on you for care
This definition is deliberately broad to cover a range of family and close relationships. It also recognises that care responsibilities can extend beyond immediate family members in some situations.
Caregiver leave is intended for unforeseen emergencies or urgent matters involving a dependent. Common situations where you can take this leave include:
Illness or Injury: If your dependent falls ill, is injured, or gives birth unexpectedly, you can take time off to provide care or make arrangements.
Unexpected Disruption in Care: If normal care arrangements break down—for example, if a childminder cancels at short notice—you can take leave to deal with the situation.
Incidents at School or Nursery: If your child is involved in an incident at school or nursery, such as being suspended or becoming ill, you can take time off to address the issue.
Emergency Care Needs: If your dependent needs to be moved into care unexpectedly, or you need to arrange long-term care following an emergency, you have the right to take time off.
Death of a Dependent: You can take time off to make arrangements following the death of a dependent, such as organising a funeral.
It’s important to note that this leave is meant for emergencies. If you know in advance that you will need time off—for example, for a planned hospital appointment—you should discuss other types of leave with your employer.
By law, there is no entitlement to paid caregiver leave. The right is to “reasonable” unpaid time off. However, some employers may offer paid leave as part of their employment policies or contracts, so it’s worth checking your staff handbook or speaking to your HR department.
The law does not specify a set amount of time for caregiver leave. Instead, it states you are entitled to a “reasonable” amount of time off to deal with the immediate problem and make alternative arrangements if necessary. In most cases, this means one or two days per incident, but it can vary depending on the circumstances.
Notify Your Employer as Soon as Possible: You should let your employer know the reason for your absence and how long you expect to be away as soon as you can.
Keep Records: Make a note of when you took leave and the reasons, in case you need to explain your absence later.
Check Your Employer’s Policy: Some employers have additional rules or offer more generous terms, so always check your contract or staff handbook.
Can my employer refuse my request? Your employer cannot refuse a reasonable request for emergency caregiver leave, but they can challenge it if they believe the absence is not genuinely needed or reasonable.
Will taking caregiver leave affect my job? You are protected from dismissal or unfair treatment for taking this type of leave, provided you follow the correct procedures.
Understanding your rights around caregiver leave can help you manage unexpected situations without worrying about your job security. If you have ongoing or regular care responsibilities, you may want to explore other types of leave or flexible working arrangements.
How Much Caregiver Leave Can You Take?
In the UK, the law recognises that employees may need to take time off work to care for dependents in unexpected situations. Under Section 57A of the Employment Rights Act 1996, employees have the right to take a “reasonable” amount of unpaid time off to deal with emergencies involving a dependent. However, the law does not set a fixed number of days or specify an exact duration for caregiver leave.
The term “reasonable” is deliberately flexible. It means you can take enough time off to deal with the immediate problem or arrange alternative long-term care. For most situations, this usually means a day or two, but it could be longer depending on the circumstances. For example:
If your child falls ill suddenly, you could take a day or two to arrange medical care and organise someone to look after them.
If an elderly parent has a care crisis, you may need a couple of days to make emergency arrangements or find temporary care.
The key point is that the time off should be just enough to deal with the emergency or arrange for ongoing care—not for providing the care itself over an extended period.
There is no statutory maximum number of days you can take for caregiver leave. Each situation is assessed on its own facts, and what is reasonable in one case may not be in another. However, if you need to take longer periods of time off, you may need to discuss other options with your employer, such as annual leave, parental leave, or flexible working arrangements.
Employers have some discretion in how they interpret what is “reasonable,” but they cannot unreasonably refuse your right to emergency leave for dependents. It is good practice to notify your employer as soon as possible, explain the situation, and give an indication of how long you expect to be away.
Employers may ask for details about the emergency and how you are managing the situation, especially if you need more than a day or two. Keeping open and honest communication can help avoid misunderstandings.
Notify your employer as soon as possible when you need to take leave.
Explain the nature of the emergency and, if possible, how long you expect to be off work.
Return to work as soon as the immediate emergency is dealt with, or discuss further options if you need more time.
Consider other types of leave (such as annual leave or parental leave) if you anticipate a longer absence.
Can I take caregiver leave for planned appointments? No, this right is designed for unexpected emergencies. For planned absences, you should use other types of leave.
Is caregiver leave paid? Generally, statutory caregiver leave is unpaid, but your employment contract or company policy may offer paid leave, so check with your employer.
What if I need more time? If the emergency extends beyond a few days, talk to your employer about other leave options or flexible working.
Remember, the aim of caregiver leave is to help you manage sudden and serious situations involving your dependents without risking your job. If you are unsure about your rights or how much time you can take, it is always best to check your contract and speak with your employer.
Is Caregiver Leave Paid or Unpaid?
In the UK, statutory caregiver leave—officially known as “carer’s leave”—is generally unpaid. This means that, under the law, employers are not required to pay employees for time taken off specifically to care for a dependent. The rules around carer’s leave are set out in the Employment Rights Act 1996, as amended by the Carer’s Leave Act 2023.
What does the law say? From April 2024, eligible employees have the right to take up to one week of carer’s leave each year to care for a dependent with a long-term care need. This statutory right is for unpaid leave only. The law does not require employers to pay wages or salary during this time.
Checking your employment contract While the statutory minimum is unpaid, some employers may offer paid caregiver leave as part of their company policy or employment contract. It’s important to check your contract, staff handbook, or speak with your HR department to see if your workplace offers any paid provisions or enhanced benefits.
Financial impact of unpaid leave Taking unpaid leave can have a significant impact on your finances, especially if you rely on your full income to cover essential expenses. Before requesting carer’s leave, it’s a good idea to plan ahead:
Budgeting: Review your monthly expenses and see how a week without pay might affect your finances.
Alternative support: Consider whether you qualify for any benefits or support, such as Carer’s Allowance, if you provide substantial care on a regular basis.
Other leave options: Explore whether you have any annual leave, compassionate leave, or flexible working arrangements that could help you manage your responsibilities without losing pay.
Common questions about unpaid caregiver leave
Can my employer refuse carer’s leave because it is unpaid? No. If you meet the eligibility criteria, your right to take up to one week of carer’s leave each year is protected by law, regardless of whether it is paid or unpaid.
Will taking unpaid carer’s leave affect my job security? You are protected from dismissal or unfair treatment for exercising your right to carer’s leave. Your employment rights, such as the right to return to your job, remain in place.
Can I split my carer’s leave? Yes. Carer’s leave can be taken as individual days or half-days, rather than all at once, to suit your caring needs.
Practical advice
Before taking carer’s leave, talk to your employer as early as possible about your situation and your need for time off. This can help you both plan for your absence and discuss any support your workplace can offer. Remember, while the law sets out the minimum, many employers are willing to be flexible—especially if you communicate openly and give as much notice as possible.
Understanding whether your caregiver leave will be paid or unpaid is an important part of planning both your work and personal responsibilities. Always check your employment terms and seek advice if you’re unsure about your rights or need help managing the financial impact of unpaid leave.
How to Request Caregiver Leave
If you need to take time off work to care for a dependent, it’s important to follow the correct steps to request caregiver leave. Doing so ensures your rights are protected and helps your employer make arrangements during your absence. Here’s what you need to know:
UK law encourages employees to tell their employer about the need for caregiver leave as soon as they are aware of it. For emergency situations, such as a sudden illness or accident affecting a dependent, you should inform your employer as soon as reasonably practicable. This means letting them know as soon as you can, even if this is after you have already started your leave.
If your need for leave is not urgent—for example, if you know in advance that a dependent will need care for a scheduled hospital appointment—provide as much notice as possible. Early notification helps your employer plan for your absence.
When requesting caregiver leave, you should provide your employer with:
The reason for your absence: Clearly state that you are taking leave to care for a dependent. This could include a child, spouse, partner, parent, or someone who depends on you for care.
The expected duration of your leave: Let your employer know how long you expect to be away. If you’re unsure, give your best estimate and keep your employer updated if the situation changes.
You do not have to provide detailed personal information about the dependent or the specific circumstances, but you should give enough detail to show that the leave is necessary under the law.
While the law sets out your right to take time off for dependents under the Employment Rights Act 1996, employers may also have their own policies and procedures for requesting leave. These could include:
Notifying a specific manager or HR department
Filling in a form or sending an email
Providing updates if your leave needs to be extended
Check your staff handbook or contract for any specific requirements. Following these procedures can help avoid misunderstandings and ensure your leave is recorded properly.
Keeping your employer informed is key. If the situation changes—for example, if you need more time off than expected—update your employer as soon as possible. Open and honest communication helps maintain a good working relationship and can make your return to work smoother.
Under UK employment law, you have the right to return to your job after taking time off for dependents. Your employer cannot dismiss or treat you unfairly for exercising this right. This protection is set out in Section 57A of the Employment Rights Act 1996. If you experience problems when returning—such as being offered a different job or being treated less favourably—you may have grounds for a grievance or legal claim.
Is caregiver leave paid? Time off for dependents is usually unpaid unless your contract or workplace policy states otherwise. Some employers may offer paid compassionate or emergency leave.
Can I be refused caregiver leave? You cannot be refused reasonable time off for dependents in emergencies, but the law expects you to use this right responsibly and not for ongoing or predictable care needs.
How long can I take off? The law allows for a “reasonable” amount of time, typically a few days, depending on the situation. For longer-term care needs, you may need to explore other types of leave, such as parental leave or flexible working arrangements.
By following the correct process and keeping your employer informed, you can take caregiver leave with confidence, knowing your rights are protected.
Rights and Protections During Caregiver Leave
When you take caregiver leave in the UK, the law provides important rights and protections to help ensure your job and livelihood are secure. Here’s what you need to know about your entitlements and your employer’s responsibilities during this time.
It is unlawful for your employer to treat you unfairly, dismiss you, or select you for redundancy simply because you have taken, or requested, caregiver leave. This protection is set out under the Employment Rights Act 1996 and reinforced by the Employment Relations (Flexible Working and Family-Related Leave) Regulations 2024. If you believe you have been treated badly or dismissed for taking caregiver leave, you may have grounds to make a claim for unfair dismissal or discrimination at an employment tribunal.
After your period of caregiver leave, you have the right to return to the same job you held before your leave began. If that is not reasonably practicable, your employer must offer you a suitable and appropriate alternative role on terms and conditions that are no less favourable. This right helps ensure that taking time off to care for a dependent does not negatively impact your career progression or job security.
Employers are legally required to:
Allow eligible employees to take caregiver leave without penalty.
Maintain your employment terms and conditions (such as pay, benefits, and seniority) during your leave, except for pay unless otherwise stated in your contract or company policy.
Keep your job open for your return, or offer a suitable alternative if your exact role is not available.
Not subject you to any detriment for exercising your right to caregiver leave.
Employers may ask for reasonable notice before you take caregiver leave, but they cannot refuse your request if you meet the eligibility requirements.
Caregiver leave is part of a wider set of legal protections designed to help employees balance work and family responsibilities. These include parental leave, time off for dependents, and other forms of statutory leave. Understanding how caregiver leave fits within your overall Leave Rights can help you make informed decisions about your options and ensure you are fully protected under UK employment law.
If you’re considering taking caregiver leave, it’s a good idea to review your employment contract and speak to your HR department for specific guidance. If you encounter any issues, organisations such as ACAS, Citizens Advice, or a specialist employment solicitor can provide further support.
Related Types of Leave
Understanding your full range of leave options is important when balancing work with caregiving or family responsibilities. While caregiver leave provides specific rights for employees who need time off to look after dependents, there are several other types of leave that may also be relevant to your situation. Here’s how they compare and what each offers:
Caregiver Leave Caregiver leave, introduced under the Carer’s Leave Act 2023, allows eligible employees to take up to one week of unpaid leave each year to care for a dependent with a long-term care need. This right is separate from other family or sickness-related leave and is designed specifically for those who need to provide or arrange care. Your job is protected during this time, and you do not have to provide proof of your relationship to the dependent.
Holiday Entitlement All employees in the UK are entitled to paid annual leave, commonly known as holiday entitlement. This is a minimum of 5.6 weeks per year (including bank holidays for full-time workers) under the Working Time Regulations 1998. While holiday leave can be used for any reason, including rest or family commitments, it differs from caregiver leave as it is paid and not specifically intended for caregiving.
Maternity, Paternity & Parental Leave There are several types of leave designed for new parents or those with young children:
Maternity leave gives pregnant employees up to 52 weeks off, with statutory pay for up to 39 weeks.
Paternity leave allows partners to take up to two weeks off around the time of a child’s birth or adoption.
Parental leave offers up to 18 weeks of unpaid leave per child, which can be used until the child turns 18. These types of leave are generally longer and may include paid periods, but are limited to specific family circumstances, such as the birth or adoption of a child.
Sick Leave & Sick Pay Sick leave is for employees who are unwell and unable to work. Statutory Sick Pay (SSP) is available for eligible employees who are off work due to illness for at least four consecutive days. This type of leave is not intended for caring for others but may be relevant if you become unwell while caring for a dependent.
Key Differences and Practical Advice
Purpose: Caregiver leave is specifically for caring for dependents, while holiday entitlement, parental leave, and sick leave each have different qualifying reasons.
Pay: Caregiver leave and parental leave are usually unpaid, while holiday entitlement and some periods of maternity/paternity leave are paid.
Eligibility: Each type of leave has its own rules around eligibility, notice periods, and documentation.
If you’re unsure which type of leave best fits your needs, it’s worth reviewing the details of each option. For a comprehensive understanding of your rights and how they may overlap, explore our pages on Holiday Entitlement, Maternity, Paternity & Parental Leave, and Sick Leave & Sick Pay. This will help you make informed decisions about managing your work and family commitments.
Support and Accommodations for Caregivers
Caring for a loved one can be both rewarding and challenging, especially when balancing work responsibilities. Many caregivers experience stress, fatigue, and emotional strain as they juggle their duties at home and in the workplace. Recognising these challenges, UK employment law and good workplace practices aim to provide support and flexibility for employees with caregiving responsibilities.
Employers are encouraged to foster a supportive environment for caregivers. This can include offering flexible working arrangements, such as adjusted hours or remote work, to help employees manage their time more effectively. Under the Equality Act 2010, employers have a duty to consider reasonable adjustments for employees facing difficulties due to their caregiving role, particularly if it affects their mental health or wellbeing. Examples of reasonable adjustments might include allowing time off for medical appointments, providing access to quiet spaces, or temporarily reducing workload.
Many workplaces also provide access to mental health support and accommodations, such as employee assistance programmes (EAPs), counselling services, or mental health first aiders. These resources can help caregivers manage stress and maintain their wellbeing while fulfilling their responsibilities at work and home.
During caregiver leave, employers can support staff by maintaining open communication, ensuring employees know their rights, and offering guidance on available support. Regular check-ins, clear policies, and signposting to internal or external resources can make a significant difference in easing the pressures caregivers face.
If you are a caregiver, it is important not to struggle alone. Reach out to your line manager or HR department to discuss your needs and the support available. Making use of workplace resources and being proactive in seeking help can help you balance your caregiving duties with your work commitments, ensuring you are supported every step of the way.
Further Information and Resources
If you need more detailed guidance about your rights to caregiver leave, there are several reliable sources of information and support available. Understanding the law and how it applies to your personal circumstances can help you make informed decisions and ensure your rights as an employee are protected.
The main law governing caregiver leave in the UK is the Employment Rights Act 1996, which outlines the right to take time off for dependants. The Carer’s Leave Act 2023 also introduces new entitlements for unpaid leave specifically for employees caring for dependants with long-term needs. These laws set out who is eligible, what types of situations are covered, and how much leave you can take.
For official government guidance, you can consult resources provided by the UK Government, such as GOV.UK, which offers up-to-date information on statutory rights, eligibility criteria, and the correct procedures for requesting leave. ACAS (Advisory, Conciliation and Arbitration Service) also provides clear advice for both employees and employers on dealing with requests for caregiver leave, workplace policies, and dispute resolution.
If you are unsure about your particular situation—such as whether your circumstances qualify for caregiver leave, or what documentation you might need—it’s a good idea to seek advice from employment rights organisations or trade unions. These organisations can explain your rights, help you understand your employer’s obligations, and support you if you encounter any difficulties at work.
Support groups and charities focused on carers can also be valuable sources of practical advice and emotional support. They may offer guidance on balancing work and caring responsibilities, accessing financial help, and connecting with others in similar situations.
Remember, employment law can be complex and individual circumstances vary. For questions about how the law applies to your specific case, or if you are facing challenges with your employer, it is wise to consult official sources or seek independent legal advice. This ensures you have the most accurate and relevant information for your needs.
For further reading, you may wish to explore related topics such as parental leave, flexible working requests, and time off for emergencies, which can offer additional support and options for balancing your work and caring responsibilities.
