Carer’s Leave Policy

Scope

This policy and procedure cover all employees including centrally employed teachers but excludes staff on the complement of locally managed schools for whom a separate policy applies. In the absence of a policy agreed locally by individual schools the principles of this policy should be followed

Definition of a carer

When defining carers, we aim to strike a balance between recognising the special circumstances of caring, and not classifying carers as a rigid or separate group.

We define carers as employees with significant caring responsibilities that have a substantial impact on their working life. The activities that carers undertake are wide ranging, including but not limited to:

• help with personal care.
  
• help with mobility.
  
• managing medication.
  
• practical household tasks.
  
• emotional support; and
  
• help with financial matters or administration.

Carers' needs are different from the needs of employees with routine childcare responsibilities, and the circumstances and milestones of caring are different from those of routine childcare. Please look at our Leave and Absence, and Flexible Working policies for options that may support you balancing childcare.

Caring can be unpredictable and emotionally upsetting. An employee may acquire caring responsibilities overnight, for example where their parent has a stroke, or caring responsibilities may develop over time, for example where the employee's partner has a debilitating long-term health condition. With routine childcare, the child's journey is more predictable as they grow older, go to school and become more independent. The milestones of caring may go in the opposite direction, for example an elderly parent may become frailer and more dependent over time, and a disabled child may continue to have significant support needs when they become an adult.

Definition of a dependents

The definition of a “dependant” who may require your care includes:

• your spouse, civil partner, child, parent.
• a person who lives in the same household as you (other than by reason of them being their employee, tenant, lodger or boarder); or
• any other person who reasonably relies on you to provide or arrange care.

Identification and disclosure

You are not required to disclose to your line manager that you are caring for someone but are encouraged to do so. This will help us provide appropriate support to you. Line managers will respect the confidentiality of any information provided to them in this regard.

When you disclose to your line manager or via the Equality and Diversity section of ‘MyView- Dashboard’ that you are a carer, we will process any personal data collected in accordance with our data privacy statement. Data collected from the point at which you inform us of your caring responsibilities is held securely and accessed by, and disclosed to, individuals only for the purposes of supporting you with your caring responsibilities (for example when dealing with requests for flexible working).

Where a manager knows that you have caring responsibilities, your line manager should discuss the support that our organisation offers carers and encourage you to access this support. Please see our Support for Carers web page.

Carer’s leave

Carer’s leave is one week’s unpaid leave in a rolling 12-month period and there is no minimum service requirement to apply for it. A week of carer's leave is the same duration as your normal working week.

Carer’s leave will apply to all employees and is intended to allow you to provide or arrange care for a dependant with a long-term care need.

What carer’s leave can be used for

Carer’s leave can be used for a long-term care need. A dependant has a long-term care need if they:

• have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months.
• have a condition that amounts to a disability under the Equality Act 2010; or
• require care for a reason connected to their old age.

This statutory right to carer's leave applies to a wide range of caring situations, but excludes general childcare, except where your child meets the definition of a dependant with a long-term care need.

Where you have short term caring responsibilities, please refer the authority’s Leave and Absence, and Flexible Working policies and procedures. This will provide other options, eg, annual leave, Time Off for Dependents, etc.

How can carer’s leave be taken?

Carer’s leave can be taken flexibly. The key requirements are:

• When using the leave, you must take a minimum of half a working day at a time; a working day meaning your usual working pattern. There is no need for the leave to be used on consecutive days. If you work full time, you could therefore take five separate days over a 12-month rolling period.
• You are required to provide notice, although this does not need to be in writing. The notice must include the fact that you are entitled to take carer’s leave and the day(s) or part of a day that will be taken.
• You are required to give notice which is either twice the length of time being requested, or three days, whichever is the longest. This notice can be waived with mutual agreement from your line manager provided you are otherwise eligible to take carer’s leave.

Applying for Carer’s Leave

You must contact your line manager or nominated officer as soon as possible, explaining why you require carer’s leave and the number of day’s leave using Appendix 1.

You will be also be required to apply for Carer’s Leave via the web-based self-service system, ‘MyView – Dashboard’ using ‘Other Absence’. However, there is no requirement to provide documentary evidence. The primary purpose of completing the MyView Form is to authorise the subsequent deduction from pay for the period of unpaid leave.

Manager’s decision and postponing your carer’s leave

Your line manager cannot deny your request for carer’s leave but can postpone it if they reasonably consider that service delivery would be unduly disrupted if the leave was approved as set out in Appendix C. If your line manager does postpone the leave, they must provide you written counter notice within seven days of the request, explaining the reason for the postponement and the revised dates the leave can be taken on. You must however be allowed to take the requested leave within a month of your original request.

Our commitment to you

You have the right not to be subjected to any detrimental treatment (including being unfairly penalised, disciplined or dismissed) because you have taken, sought to take, or made use of the benefits of carer's leave.

If you consider that you have had a legitimate request for time off turned down, you can use the Grievance Procedure to resolve the matter.

Pay during carer's leave

You do not have a statutory right to be paid during carer's leave. Therefore, any leave taken as carer's leave is unpaid.

While sums payable by way of wages/salary will cease, all other benefits will remain in place. For example, holiday entitlement continues to accrue. Pension contributions will continue to be paid

Cancelling your carer's leave

You can cancel your carer's leave and take it at a different time as long as you let your line manager know before your leave has started.

You cannot cancel any carer's leave that has already begun.

Returning to work after carer's leave

Following your carer's leave, you have the right to resume working in the same job as before on terms and conditions that are no less favourable than the terms that would have applied had you not been absent. Your continuity of employment is not affected.

External sources of help

There are various organisations that provide help and support to carers, including:

• Carers UK, which provides help and advice for carers on employment rights, benefits and tax credits, assessments, and other practical matters for carers.
• the NHS website, which provides a wealth of information and advice for carer.;
• Grace Care Consulting, which provides advice and support on care, special needs and neurodiversity, al needs and neurodiversity.
• Age UK and Independent Age, which offer information and support to anyone providing informal unpaid care to an older person through a range of local services.
• Contact a Family, which provides support, advice and information to families with disabled children; and
• Carers Trust, which works with other organisations to provide access for carers to breaks, information, advice, education, training and employment opportunities.

Abuse of Carer’s leave

Any abuse of the Carer’s Leave Policy scheme will be dealt with under the Council’s Disciplinary Procedure, e.g., Taking leave for purposes other than for a carer’s leave as detailed above.

Ensuring equality of opportunity

Everyone must adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity Policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, language, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity or expression, sexual orientation, maternity, parental, marital or civil partnership status.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the People Management Team who will, if necessary, ensure the policy/procedure is reviewed accordingly.

If you require this publication in an alternative format, please contact People Management by emailing CHR@carmarthenshire.gov.uk