Section 80J — Carer’s leave

(1) [F1 The 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) [F1 For the purposes of subsection (1)—]

(a) [F1 a person is a dependant of an employee if they—]

(i) [F1 are a spouse, civil partner, child or parent of the employee,]

(ii) [F1 live in the same household as the employee, otherwise than by reason of being the employee’s boarder, employee, lodger or tenant, or]

(iii) [F1 reasonably rely on the employee to provide or arrange care, and]

(b) [F1 a dependant of an employee has a long-term care need if—]

(i) [F1 they have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months,]

(ii) [F1 they have a disability for the purposes of the Equality Act 2010, or]

(iii) [F1 they require care for a reason connected with their old age.]

(3) [F1 The regulations must include provision for determining—]

(a) [F1 the extent of an employee’s entitlement to leave under this section;]

(b) [F1 when leave under this section may be taken.]

(4) [F1 Provision under subsection (3)(a) must secure that where an employee 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) [F1 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) [F1 The regulations may provide that particular activities are, or are not, to be treated as providing or arranging care for the purposes of this Part.]

Amendment notes

1. F1 Pt. 8B inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 2; S.I. 2023/1283, reg. 2