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You may find that the best or only way to manage your work and caring responsibilities is to change your work arrangements. You may also need to take leave at short notice for emergencies. Carers now have more statutory rights at work that help to meet these needs. Employers may also be able to offer additional flexibility through their own policies and procedures.
Statutory rights for carers
The Work and Families Act 2006 and the Employment Rights Act 1996 give working carers rights to help them manage work and caring including the right to request flexible work and leave entitlement. (In Northern Ireland they are called The Work and Families (Northern Ireland) Order 2006 and The Employment Rights (Northern Ireland) Order 1996).
These rights apply to employees. Your employment status can affect your entitlement to statutory rights. If, for example, you are self employed, on a short-term contract or employed through an agency you may not be covered by these rights. If this applies to you it is important to seek advice from ACAS on 08457 47 47 47.
1. Right to request Flexible working
Flexible working can allow employees to manage both work and their caring responsibilities. Since April 2007 carers have a right ot request changes to their working patterns to better manage their caring. We have a dedicated webpage with lots of information about flexible working more...
2. The right to time off in emergencies
Also known as time off for dependants, this gives all employees the right to take a 'reasonable' amount of time off work to deal with an emergency involving a dependant. Whether the time off is paid or not is at the discretion of the employer.
A dependant could be mother, father, son, daughter, parent or anyone who lives with you who is solely dependent on you.
An emergency could be:
To use this right to time off, employees must inform their employer as soon as possible after the emergency has happened.
This right can also give you some protection from vicitimisation and dismissal. If you think you have been treated unfavourably because of using this right, seek further advice from your union or a legal adviser.
3. Parental leave
If you have at least one year's continuous service with your employer and are responsible for a child aged under 5, or under 18 if the child is disabled, you are entitled to:
The leave must be taken by the child's fifth birthday, or for disabled children, by their 18th birthday. For parents who have adopted a child, the leave must be taken during the 5 years from the date of placement or before the child's 18th birthday, whichever is the sooner.
Leave can be taken in blocks of a week (and usually up to 4 weeks in a year), or blocks of a day if the leave is to care for a disabled child (again, usually up to a maximum of 4 weeks a year). Collective or workforce agreements may allow employees to take more than 4 weeks off in a year.
You must give at least 21 days' notice to your employer to take parental leave.
Parental leave can be postponed by employers if taking leave at the time requested would cause particular disruption to the business e.g. during a seasonal peak in work or if multiple requests for parental leave are made at the same time. If leave is postponed, employers must inform the employee within 7 days of the request for leave being made, and the leave must be granted within 6 months. Parental leave cannot be postponed if it has been requested for the time immediately after the birth of a child or the start of an adoption placement.
For more information or advice about your statutory employment rights call CarersLine on 0808 808 7777.
Organisational/contractual rights
In addition to the statutory rights your employer must give you, they may offer more support. This will be outlined in your contract and the organisation's policies. For example, you may be able to use leave arrangements, paid or unpaid, at the discretion of your employer to cover intensive periods of care.
If you are thinking of giving up work, a career break (or sabbatical) allows you to keep your options open, ensuring you can go back, and keeping you in touch with the world of work. Some employers offer paid and/or unpaid career breaks, often after a specified period of service with them, so check your organisation's policies.
Sometimes the support you need is very simple like access to a telephone or information and advice.
