Carers (Leave Entitlement) Bill (HL Bill 42)

A

BILL

TO

Entitle employees to take a period of leave to fulfil certain caring
responsibilities in respect of dependants; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Caring responsibilities: extension of eligibility for entitlement to leave

(1) Section 57A of the Employment Rights Act 1996 (time off for dependants) is
amended as follows.

(2) In subsection (1)(b), after “ill” insert “, disabled”.

(3) 5In subsection (4)(b), after “illness” insert “, disability”.

2 Regulations on leave entitlement of carers

After section 57A of the Employment Rights Act 1996, insert—

57AA Regulations

(1) The Secretary of State shall by regulations made by statutory
10instrument specify how the entitlements in section 57A shall be
interpreted for employees who have worked for their employer for
more than a specified period of time.

(2) Regulations under subsection (1) may—

(a) specify things which are, or are not, to be taken as done for the
15purpose of caring for a dependant;

(b) allow time off to be taken as a single period of absence in all
cases or in specified cases;

(c) allow time off to be taken as a series of periods of absence in all
cases or in specified cases;

(d) 20specify a maximum or maximum period of time off which may
be taken;

Carers (Leave Entitlement) BillPage 2

(e) specify a maximum aggregate of periods of time off which may
be taken during a specified period of time.

(3) Regulations under subsection (1) must provide that a qualifying
employee who is absent under the provisions of section 57A—

(a) 5is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment and pay which would have applied had they not
been absent;

(b) is bound, for such purposes and to such extent as may be
10prescribed, by any obligations arising under those terms and
conditions; and

(c) is entitled to return from such absence to a job of such kind as
the regulations may specify.

(4) A statutory instrument containing regulations under this section may
15not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

3 Extent, commencement and short title

(1) This Act extends to England and Wales and Scotland but not to Northern
Ireland.

(2) 20Sections 1 and 2 come into force at the end of the period of two months
beginning on the day on which this Act is passed.

(3) This section comes into force on the day on which this Act is passed.

(4) This Act may be cited as the Carers (Leave Entitlement) Act 2015.