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Leave entitlement and Carer’s Leave

June 17, 2023

At our recent #AsktheExpert June Masterclass, we discussed all things carers.

One of the main topics explored was that of leave entitlement. These include:

  1. Dependant’s Leave. Unpaid leave to help deal with emergencies in relation to a dependant of the employee. There is no prescribed amount, only what is reasonable.
  2. Parental Leave.Unpaid leave open to employees who are parents to take up to 18 weeks of leave before the child’s 18th birthday for the purpose of caring for the child. Not a yearly allowance.
  3. Holiday.Although the principal purpose is to rest and recharge, some like to utilise some or all of their 5.6 weeks’ holiday entitlement for a variety of reasons, for example it is paid leave or they can keep their caring responsibilities private.
  4. Flexible working. A right for employees who have at least 26 weeks’ continuous service to request to work flexibly provided some other conditions are met. Consider potential discrimination risks before refusing. Possible reform to make a day one right. See our blog about this here for more information.
  5. Carer’s Leave. New legislation likely coming in the next year to provide for at least 1 week of unpaid leave for carers. More detail in our blog here.

Remember that these are statutory entitlements, so employees should not be subjected to a detriment for seeking to exercise those rights if you wish to avoid a claim for automatic unfair dismissal (actual or constructive).

If you need any help in relation to any kind of leave entitlement, then please get in touch.

If you would like to sign up for our next Ask the Expert then please do so using the following link, if you have questions or suggestions for future sessions then please send them to asktheexpert@blackadders.co.uk.

Donna Reynolds, Partner
Accredited by the Law Society of Scotland as a Specialist in Employment Law & Discrimination Law
@EmpLawyerDonna

Blair Duncan, Senior Solicitor
@EmpLawyerBlair
LinkedIn

The opinions expressed in this site are of the author(s) only and do not necessarily represent the opinions of Blackadders LLP.

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