Short answer: Employees can take up to one week of unpaid carer’s leave in any 12 months, from their first day at work, to give or arrange care for a dependant with a long-term care need. You cannot refuse a request. You can only postpone it where the absence would cause serious disruption, and you must follow a strict process if you do.
Carer’s leave is one of the least understood family rights, and mistakes are common because it sits alongside emergency time off for dependants and unpaid parental leave. Managers often refuse requests on instinct. The law does not allow that.
According to the Government’s guidance, employees are entitled to carer’s leave from their first day of work. The entitlement is up to one week of unpaid leave every 12 months. A week means the time the employee usually works over seven days. They can take it as a whole week, individual days or half days, and can use it to care for more than one dependant.
A dependant can be the employee’s spouse, partner, child or parent, someone who lives in the same household (other than as a tenant, lodger or employee), or anyone who reasonably relies on the employee to provide or arrange care. The dependant must have:
- a physical or mental illness or injury that means they are expected to need care for more than three months
- a disability as defined in the Equality Act 2010
- care needs because of old age
- For a request of a half day or one day, at least three days’ notice.
- For more than one day, at least twice as many days’ notice as the leave requested, so four days’ notice for two days’ leave.
- Notice is counted in full days, even if the request includes half days.
- you must agree another date with the employee within one month of the date they requested
- you must explain the reason for the delay in writing within seven days of the request or before the leave was due to start, whichever is earlier
The leave is to give or arrange care. That includes attending appointments, arranging care providers or covering a gap, not only hands-on care.
The employee must give notice before the leave starts. It does not have to be in writing, according to the guidance.
You cannot require evidence of the dependant’s care needs. A simple declaration of eligibility is enough, and you should not ask for medical details.
You cannot refuse a request. You may ask the employee to take the leave at a different time only if the absence would cause serious disruption to the business. If you postpone:
Fail to follow that process and the postponement is unlikely to stand up. Serious disruption is a high bar. A busy week or a tight rota is not enough on its own.
The leave is unpaid. The employee’s other rights, such as holiday accrual and returning to the same job, are protected during the leave. It is unlawful to subject an employee to a detriment, or to dismiss them, for taking or seeking to take carer’s leave, and a dismissal for that reason is automatically unfair, with no qualifying service needed.
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Right
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Purpose
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Pay
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Notice
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Carer’s leave
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Planned care for a dependant with a long-term need
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Unpaid
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Yes, as above
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Time off for dependants
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Unforeseen emergencies
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Unpaid, reasonable time
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As soon as practicable
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Unpaid parental leave
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Caring for a child
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Unpaid
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Notice and limits apply
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Annual leave
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Rest
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Paid
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Per policy
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Employees can use the right that suits their situation, and you should not steer them to a different one because it is easier for you.
1. Add carer’s leave to the handbook. Cover who qualifies, how to ask, notice, the postponement process and non-detriment.
2. Give managers a script. A request should be logged and sent to HR the same day. Managers should know they cannot say no, and what the postponement rules are.
3. Create a simple request form. It should record dates, the relationship (not medical details) and a confirmation of the care need.
4. Plan for cover. Postponement is a last resort. Use planning, flexibility and cross-skilling to absorb a week of absence.
5. Think about flexible working. Employees with ongoing caring commitments may be better supported by a formal flexible working request than by repeated blocks of unpaid leave.
Does your handbook say the right thing about carer’s leave? We update handbooks and manager guidance for a fixed fee. [Get a compliant carer’s leave policy]
Can I refuse carer’s leave? No. You can only ask the employee to take it at another time if their absence would cause serious disruption to the business, and you must follow a strict process: agree a new date within one month and give written reasons within seven days of the request or before the leave starts, whichever is earlier.
How much carer’s leave can an employee take? Up to one week of unpaid leave in any 12 months. A week is the time the employee normally works over seven days, and it can be taken as a block, as single days or as half days.
How much notice must an employee give? At least three days for a half day or one day, and at least twice the length of the leave requested for longer periods. Notice does not have to be in writing.
Can I ask for proof of the dependant’s condition? No. The employee does not need to provide evidence of the dependant’s care needs, so do not ask for medical documents.
Is carer’s leave paid? No, unless your contract or policy says so. It is unpaid by law, and the employee’s holiday and job rights continue.
We draft and maintain handbooks and policies that keep your family leave rules accurate and consistent, on a fixed monthly fee. [Get a quote] or [Speak to one of our experts].
Reviewed 8 October 2026. This article is general guidance and not legal advice.
