By Jo Seery, Professional Support Lawyer
The government has launched a consultation as part of its Make Work Pay agenda, seeking views on whether employment rights for unpaid carers and parents of seriously ill children go far enough. The consultation follows commitments to review the Carer’s Leave Act 2023 and assess whether additional support is needed to help carers remain in work while balancing significant caring responsibilities. It closes on 1 September 2026.
Under the Act employees have a statutory right to take up to five days unpaid leave in a rolling 12‑month period to provide or arrange care for a dependant with a long‑term care need. The right is subject to notice being given. Employees also have a statutory right under s. 57 of the Employment Rights Act 1996 to take a reasonable amount of unpaid time off to deal with emergencies such as where a dependant is ill or injured or there is an unexpected breakdown in care arrangements
The consultation seeks views on;
- Extending the right to carers leave to between six and ten days
- A short period of paid carers leave of one to two days
- A statutory right of return to a longer period of carers leave (from between one to twelve months)
- Paid leave for parents and caregivers in the days and months following their child being diagnosed with a serious illness
- Additional guidance for employers to support carers and their rights in the workplace.
The consultation does not propose any specific reforms at this stage. This is disappointing, bearing in mind that qualitative research on unpaid carers published at the same time found that the fact leave was unpaid and limited to five days were among the biggest barriers to taking carers leave. Many chose to use another form of paid leave such as holidays instead.
It is hoped that future changes will not be delayed too long.
The Department of Health and Social Care, Department for Business and Trade, Department for Education, and Department for Work and Pensions published Unpaid Carers Action Plan on 14 July 2026. The Plan has three central pillars: recognising carers, referring them to services and support, and helping them reach their potential. It is clear that paid carers leave in the workplace will be necessary to meet these three key pillars.
