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A. Carer’s leave came into force in Britain from 6 April 2024. As the most recently introduced form of statutory leave, it has prompted a number of questions as employers and HR professionals implement it into their businesses. One of the more common questions relates to the postponement of carer’s leave, which is permitted under the Carer’s Leave Act 2023 but only in limited circumstances.
Carer’s leave is to be used by employees to provide care or make care arrangements for a dependant who has a long-term care need, and for that reason it’s an important right that is protected by the law. However, if your client reasonably considers that their business would be seriously disrupted if the employee took carer’s leave at the time they have asked for, it can be postponed for up to one month. This may be an option open to your client, but this can only be for a very good reason.
Before making a decision on postponing the leave, your client should try to find an alternative that would suit both parties. For example, could an employee from another team be on hand to assist should an urgent piece of work come in on the day? Or would it be possible to have one of the employees due to be in training on that day move to another day’s training session?
Your client should also talk to the employee about the serious disruption that taking carer’s leave on that day would pose. Would they consider taking a shorter period of carer’s leave – a morning, perhaps, or would it be possible to move it to another day? It is in everyone’s’ interests to try and find a workable solution.
Ultimately, if there is no way around it, and your client reasonably considers that their business operations would be seriously disrupted by the carer’s leave as proposed, then they can speak to the employee about postponing the leave to a new date. The new period of carer’s leave must be for the same length of time as the original request. The new date can be determined by your client after consultation with the employee.
Your client will then need to write to the employee setting out the reason for the postponement and the new agreed date of leave. This letter must be given to the employee as soon as is reasonably practicable and within strict time limits.
