1 Carer’s leave

In the Schedule—

(a)Part 1 creates a statutory entitlement to carer’s leave, and

(b)Part 2 contains related amendments.

2 5Power to make consequential provision

(1)The Secretary of State may by regulations make provision that is consequential
on this Act.

(2)The regulations are to be made by statutory instrument.

(3)A statutory instrument containing regulations under this section is subject to
10annulment in pursuance of a resolution of either House of Parliament.

3 Extent, commencement and short title

(1)An amendment or repeal made by the Schedule has the same extent as the
provision to which it relates.

(2)Otherwise, this Act extends to England and Wales, Scotland and Northern
15Ireland.

(3)Section 1, section 2 and the Schedule come into force on such day as the
Secretary of State may by regulations made by statutory instrument appoint;
and different days may be appointed for different purposes.

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

(5)20This Act may be cited as the Carer’s Leave Act 2023.

Section 1

Schedule Carer’s leave

Part 1 Carer’s leave

15The Employment Rights Act 1996 is amended as follows.

2After section 80I insert—

“Part 8B Carer's leave

80J Carer’s leave

(1)10The Secretary of State must make regulations entitling an employee
to be absent from work on leave under this section in order to
provide or arrange care for a dependant with a long-term care need.

(2)For the purposes of subsection (1)—

(a)a person is a dependant of an employee if they—

(i)15are a spouse, civil partner, child or parent of the
employee,

(ii)live in the same household as the employee,
otherwise than by reason of being the employee’s
boarder, employee, lodger or tenant, or

(iii)20reasonably rely on the employee to provide or
arrange care, and

(b)a dependant of an employee has a “long-term care need” if—

(i)they have an illness or injury (whether physical or
mental) that requires, or is likely to require, care for
25more than three months,

(ii)they have a disability for the purposes of the Equality
Act 2010, or

(iii)they require care for a reason connected with their old
age.

(3)30The regulations must include provision for determining—

(a)the extent of an employee’s entitlement to leave under this
section;

(b)when leave under this section may be taken.

(4)Provision under subsection (3)(a) must secure that where an
35employee is entitled to leave under this section the employee is
entitled to at least a week’s leave during any period of 12 months.

(5)The regulations may make provision about how leave under this
section is to be taken (including by providing for it to be taken non-
continuously).

(6)The regulations may provide that particular activities are, or are not,
5to be treated as providing or arranging care for the purposes of this
Part.

80K Rights during and after carer’s leave

(1)Regulations under section 80J must provide—

(a)that an employee who is absent on leave under that section is
10entitled, for such purposes and to such extent as the
regulations may prescribe, to the benefit of the terms and
conditions of employment which would have applied but for
the absence,

(b)that an employee who is absent on leave under that section is
15bound, for such purposes and to such extent as the
regulations may prescribe, by obligations arising under those
terms and conditions (except in so far as they are inconsistent
with subsection (1) of that section), and

(c)that an employee who is absent on leave under that section is
20entitled to return from leave to a job of a kind prescribed by
regulations, subject to section 80L.

(2)Regulations under section 80J may provide that where provision
made by or under Part 8 provides for a reference to absence on leave
under a section of that Part to include a reference to a continuous
25period of absence attributable —

(a)partly to leave under that section of Part 8, and

(b)partly to leave under another section of that Part,

absence attributable to leave under section 80J is to be ignored in any
determination of the continuity or duration of such a period.

(3)30In subsection (1)(a), “terms and conditions of employment”—

(a)includes matters connected with an employee’s employment
whether or not they arise under the contract of employment,
but

(b)does not include terms and conditions about remuneration.

(4)35Regulations under section 80J may specify matters which are, or are
not, to be treated as remuneration for the purposes of this section.

(5)Regulations under section 80J may make provision, in relation to the
right to return mentioned in subsection (1)(c), about—

(a)seniority, pension rights and similar rights;

(b)40terms and conditions of employment on return.

80L Special cases

(1)Regulations under section 80J may make provision about—

(a)redundancy during or after a period of leave under that
section;

(b)45dismissal (other than by reason of redundancy) during a
period of leave under that section.

(2)Provision by virtue of subsection (1) may include provision for the
consequences of failure to comply with the regulations (which may
include provision for a dismissal to be treated as unfair for the
purposes of Part 10).

80M 5Part 8B: supplemental

(1)Regulations under section 80J may—

(a)make provision about notices to be given and other
procedures to be followed by employees and employers;

(b)make provision requiring employers or employees to keep
10records;

(c)make provision for the consequences of failure to give
notices, to keep records or to comply with other procedural
requirements;

(d)make provision for the consequences of failure to act in
15accordance with a notice given by virtue of paragraph (a);

(e)make provision about the postponement by an employer of a
period of leave under section 80J;

(f)make special provision for cases where an employee has a
right which corresponds to a right under section 80J and
20which arises under the person’s contract of employment or
otherwise;

(g)make provision modifying the effect of Chapter 2 of Part 14
(calculation of a week’s pay) in relation to an employee who
is or has been absent from work on leave under section 80J;

(h)25make provision applying, modifying or excluding an
enactment, in such circumstances as may be specified and
subject to any conditions which may be specified, in relation
to a person entitled to take leave under section 80J;

(i)make different provision for different cases or circumstances;

(j)30make consequential provision.

(2)Provision under subsection (1)(a) may, in particular, provide that an
employer cannot require an employee to supply evidence in relation
to a request for leave under section 80J before granting that leave.

(3)Provision under subsection (1)(i) may, in particular, provide for the
35meaning of “a week’s leave” in section 80J(4) to be determined by
reference to the number of days normally worked, or required to be
worked, by an employee in a particular period.

(4)The cases or circumstances mentioned in subsection (1)(i) include an
employee providing or arranging care for more than one dependant
40during any period of 12 months; and regulations may, in particular,
make special provision regarding the applicability and extent of the
entitlement to leave in such circumstances.

80N Complaint to employment tribunal

(1)An employee may complain to an employment tribunal that their
45employer—

(a)has unreasonably postponed a period of carer’s leave, or

(b)has prevented or attempted to prevent the employee from
taking carer’s leave.

(2)The tribunal must not consider the complaint unless it is made—

(a)before the end of the period of three months beginning with
the date (or last date) of the matter complained of, or

(b)within such further period as the tribunal considers
5reasonable in a case where it is satisfied that it was not
reasonably practicable for the complaint to be made before
the end of that period of three months.

(3)Section 207B (extension of time limits to facilitate conciliation before
institution of proceedings) applies for the purposes of subsection
10(2)(a).

(4)The tribunal, if satisfied that an employer has acted as described in
subsection (1)(a) or (b)—

(a)must make a declaration to that effect, and

(b)may award compensation to be paid by the employer to the
15employee.

(5)The amount of any compensation must be the amount the tribunal
considers just and equitable in all the circumstances, including—

(a)the employer’s behaviour, and

(b)any consequential loss sustained by the employee.”

320In section 236(3) (orders and regulations subject to affirmative procedure),
after “80G,” insert “80J,”.

Part 2 Further amendments to do with carer’s leave

Employment Rights Act 1996

425The Employment Rights Act 1996 is amended as follows.

5In section 47C (leave for family and domestic reasons), in subsection (2),
after paragraph (bb) insert—

“(bc)carer’s leave,”.

6In section 88 (liability of employer to pay employee during period of notice:
30employments with normal working hours), in subsection (1)(c), after
“shared parental leave,” insert “carer’s leave,”.

7In section 89 (effect of notice of termination: employments without normal
working hours), in subsection (3)(b), after “shared parental leave,” insert
“carer’s leave,”.

835In section 99 (leave for family reasons), in subsection (3), after paragraph
(bb) insert—

“(bc)carer’s leave,”.

9In section 191 (Crown employment), in subsection (2)(c), for “8A,” substitute
“8B,”.

1040In section 192 (armed forces), in subsection (2), after paragraph (c) insert—

“(ca)Part 8B,”.

11In section 194 (House of Lords staff), in subsection (2)(e), for “6A, 7, 8 and
8A” substitute “6A to 8B”.

12In section 195 (House of Commons staff), in subsection (2)(e), for “6A, 7, 8
and 8A” substitute “6A to 8B”.

135In section 199 (mariners)—

(a)in subsection (2), for “6A, 7, 8 and 8A” substitute “6A to 8B”;

(b)in subsection (8)(d), for “6A, 7, 8 and 8A” substitute “6A to 8B”.

14In section 202 (national security), in subsection (2), after paragraph (e)
insert—

“(ea)10Part 8B,”.

15In section 205 (remedy for infringement of certain rights), in subsection (1),
after “VIII,” insert “Part 8B,”.

16In section 206 (institution or continuance of tribunal proceedings), in
subsection (2), after paragraph (e) insert—

“(ea)15Part 8B,”.

17In section 235 (definitions), in subsection (1)—

(a)at the appropriate place insert—

• ““carer’s leave” means leave under section 80J,”;

(b)in the definition of “week”, in paragraph (b), before “and 86” insert “,
2080J”.

Income Tax (Earnings and Pensions) Act 2003

18In Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003
(enterprise management incentives), in paragraph 26(3)(b), after “shared parental leave,” insert “, carer’s leave,”.