Employment Issues
When you are juggling a paid job and caring responsibilities it can be quite a challenge. It is up to you whether you tell your employer about your situation as a carer, but you may need some support to manage both roles. For instance your employer may allow you to make a phone call to make sure the person at home is ok or time off to take the person to a hospital appointment. You may also have to change your work arrangements to fit in work around caring or you may need to take leave at short notice to cover emergencies. Telling your colleagues may also help so that they can also give you some support.
As a carer you do have some statutory rights at work and more employers are supporting their staff who have caring responsibilities and many have policies and procedures to cover this. Do check with your employer.
Statutory rights for carers
Flexible working
Employment Act 2002 – gives working parents of disabled children under 18 the right to request flexible working arrangements.
Work and Families Act 2006 and Employment Rights Act 1996 – gives working carers rights to manage their work and caring duties, such as the right to flexible working (if they are caring for an adult who is a relative or lives at the same address) – carers have a right to request changes in their working patterns.
N.B. If you are self employed or on a short term contract you may not be covered. Seek advice from ACAS on 08457 474747.
The right to time off in emergencies
Carers have the right to take a ‘reasonable ‘amount of time off work to deal with an emergency with a dependent, they are responsible for. Whether the time off is paid or unpaid is at the discretion of their employer. Carers must inform their employer as soon as possible after the emergency has happened.
An emergency may include disruption or breakdown in care arrangements; the death of a dependent; the dependent falls ill or to make arrangements for the dependent.
This right can also give carers some protection from victimisation and dismissal. Seek advice from a legal advisor or union if you feel this has happened to you.
The new Equality Act 2010 aims at stopping discrimination and helping to encourage equality. If you are looking after someone who is elderly or disabled, the law will protect you against direct discrimination or harassment because of your caring responsibilities.
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 your child is entitled to Disability Living Allowance, you are entitled to:
13 weeks (unpaid) leave per child to look after a child, or
18 weeks (unpaid) leave per child to look after a disabled child
The leave must be taken by the child’s fifth birthday, or for a child who is entitled to Disability Living Allowance, by their 18th birthday.
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).
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. 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 Carers Line 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.
Links
CASS leaflet: Carers on the Workforce June 2006
Return to Working and Caring
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