There is a high number of carers of working age in England who provide a substantial amounts of care and have given up paid work to care and often find themselves financially worse off as a result. Its important carers are aware of the support available to stay or gain employment.
Statutory rights for carers
The Work and Families Act 2006 and the Employment Rights Act 1996 give working carers rights to help them manage work and caring including the right to request flexible work and leave entitlement.
These rights apply to employees. Your employment condition can affect your entitlement to statutory rights. If, for example, you are self employed, on a short-term contract or employed through an agency you may not be covered by these rights. If this applies to you it is important to seek advice from ACAS on 08457 47 47 47.
Right to request Flexible working
Flexible working can permit employees to manage both work and their caring responsibilities. Since April 2007 carers have a right to ask for changes to their working arrangements to help mange their caring.
The right to time off in emergencies
Employees are entitled to be permitted by their employer to take a reasonable amount of time off work to deal with an emergency involving a dependant.
A dependant could be mother, father, son, daughter, parent or anyone who lives with you who is solely dependent on you.
An emergency could be:
- to provide assistance on an occasion when a dependant falls ill, or is injured or assaulted
- a disruption or breakdown in care arrangements
- the death of a dependant
- to make longer term arrangements for a dependant who is ill or injured (but not to provide long term care yourself).
Employees must inform their employer as soon as possible after the emergency has happened.
This right can also give you some protection from vicitimisation and dismissal. If you think you have been treated unfavourably because of using this right, seek further advice from your union or a legal adviser.
Parental leave
If you have at least one year's continuous service with your employer and are responsible for a child aged under 5, or under 18 if the child is disabled, you are entitled to:
- 13 weeks (unpaid) leave per child to look after a child, or
- 18 weeks (unpaid) leave per child to look after a disabled child.
The leave must be taken by the child's 5th birthday, or for disabled children, by their 18th birthday. For parents who have adopted a child, the leave must be taken during the 5 years from the date of placement or before the child's 18th birthday, whichever is the sooner.
Leave can be taken in blocks of a week (and usually up to 4 weeks in a year), or blocks of a day if the leave is to care for a disabled child (again, usually up to a maximum of 4 weeks a year). Collective or workforce agreements may allow employees to take more than 4 weeks off in a year.
You must give at least 21 days' notice to your employer to take parental leave.
Parental leave can be postponed by employers if taking leave at the time requested would cause particular disruption to the business e.g. during a seasonal peak in work or if multiple requests for parental leave are made at the same time.
If leave is postponed, employers must inform the employee within 7 days of the request for leave being made, and the leave must be granted within 6 months. Parental leave cannot be postponed if it has been requested for the time immediately after the birth of a child or the start of an adoption placement.