Carer's and compassionate leave in the United Kingdom
Reviewed by Mellow Editorial Team, HR & payroll content team
Employees in the UK have a legal right to unpaid carer's leave from day one of employment, and a separate right to reasonable time off for dependants in emergencies — including bereavement. Neither right requires a minimum length of service, and both were strengthened by legislation that came into force under the Employment Rights Act 2025.
Carer's leave
The Carer's Leave Act 2023, brought into force in April 2024, gives employees the right to take up to one week of unpaid leave per rolling 12-month period to provide or arrange care for a dependant with a long-term care need.
Who qualifies as a dependant for carer's leave?
The dependant must have a condition that meets one of the following:
- A physical or mental illness or injury that requires, or is likely to require, care for more than three months
- A disability under the Equality Act 2010
- Problems associated with old age
The dependant can be a spouse, civil partner, child, parent, or someone who lives in the same household. It also includes anyone who reasonably relies on the employee for care — so it is not limited to close family.
How does the employee take it?
Leave can be taken in individual days or half-days, up to a maximum of one week (based on the employee's usual working week). It does not need to be taken all at once.
The employee must give notice of at least twice the length of the leave they want to take, plus one day. So for a full week's leave, they need to give at least 11 days' notice. They do not have to explain the reason for the leave or provide evidence. You cannot require them to do so.
You can postpone the leave if the business would be unduly disrupted, but you must allow the employee to take it within one month of the original requested date. You cannot simply refuse it.
Pay during carer's leave
There is currently no statutory right to pay during carer's leave. Employees take it unpaid unless your own policy is more generous. It is worth reviewing your contracts and handbook to state your position clearly.
Time off for dependants
This is a separate, older right under the Employment Rights Act 1996. It allows employees to take a reasonable amount of unpaid time off to deal with unexpected or sudden situations involving a dependant.
It covers situations such as:
- A dependant falling ill or being injured
- Arrangements for care breaking down unexpectedly
- Dealing with an incident involving a child at school
- Making arrangements following a dependant's death
There is no fixed limit on how much time is reasonable — it depends on the circumstances. In practice, one or two days is typically considered reasonable for most situations, though a serious incident may warrant more. The key word is "unexpected". This right is not designed for planned caring responsibilities; that is where carer's leave applies.
Employees must tell you the reason for the absence and how long they expect to be off as soon as reasonably practicable. They do not need to give advance notice if the situation does not allow for it.
Compassionate leave
Compassionate leave is not a distinct statutory right in UK law. When someone refers to it, they usually mean time off to deal with bereavement or a serious family emergency — which may be covered by the time off for dependants right above, or by your own contractual compassionate leave policy.
Bereavement leave is slightly different. The Employment Rights Act 2025 extended a statutory right to bereavement leave more broadly. Currently, there is a specific statutory right to parental bereavement leave of at least two weeks following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.
Beyond parental bereavement, the expectation under the Employment Rights Act 2025 is that employers treat employees fairly and consistently, but there is no universal statutory entitlement to paid bereavement leave for other family members. Most employers fill this gap through their own contractual policy — typically one to five days' paid leave for the death of a close family member.
What employers should do in practice
Document your policies. Your employment contracts or staff handbook should state your compassionate and bereavement leave entitlements clearly. Where you offer more than the statutory minimum, make sure that is written down.
Train your managers. Line managers are often the first point of contact. They need to know they cannot refuse a valid carer's leave request outright, and that asking for evidence is not permitted.
Treat requests consistently. Inconsistent handling of bereavement or carer's requests creates legal and reputational risk, particularly given strengthened day-one rights under the Employment Rights Act 2025.
Keep payroll accurate. Unpaid leave periods must be reflected correctly in payroll. National Insurance and pension contributions are calculated on actual earnings paid, so unpaid leave weeks need to be processed carefully to avoid over-deductions or errors in RTI submissions to HMRC.
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