Government Consults on Strengthening Employment Rights for Unpaid Carers and Parents of Seriously Ill Children
The Government has launched a consultation on potential reforms aimed at strengthening workplace protections for unpaid carers and parents of seriously ill children. The consultation builds on the Carer’s Leave Act 2023, which introduced a statutory entitlement for eligible employees to take up to five days of unpaid carer’s leave each year. The Government is seeking views on whether the current regime remains fit for purpose and what further measures may be needed to help unpaid carers remain in, return to and progress within the workforce.
Why Is Reform Being Considered?
The Government has identified support for carers as both an employment rights issue and an economic priority. Many employees reduce their working hours, decline promotion opportunities or leave employment altogether due to caring responsibilities. The consultation explores whether enhanced workplace protections could help more people remain economically active while fulfilling caring obligations.
Key Proposals Under Consideration:
1. Extended Unpaid Carer’s Leave
The consultation questions whether the current entitlement of five days of unpaid leave provides sufficient support. Views are being requested on whether the entitlement should be increased, whether employees should have greater flexibility in how leave can be taken and whether the current eligibility framework remains appropriate.
2. Statutory Right to Return
The Government is also exploring the extension of the existing entitlement to unpaid carer’s leave by introducing a statutory ‘right to return to work’ after a long period of unpaid leave. Such a right could provide reassurance to employees that taking leave to fulfil caring responsibilities will not adversely affect their employment status, role or carers prospects, as it would operate similarly to maternity leave, where the employee’s role is protected for the duration of the absence.
3. Paid Carer’s Leave
A significant proposal under consideration is the potential introduction of a statutory paid carer’s leave entitlement. Although the current right to carer’s leave is available from day one of employment, it is unpaid. It has been argued that this limits the practical value of the entitlement, particularly for lower paid employees who may be unable to absorb the financial impact of taking unpaid time off work.
The Government is seeking views on whether a short period of paid leave would improve workforce retention, while also considering the potential costs and administrative burdens for employers. The consultation is seeking views on duration and rate of pay with options including setting remuneration as high as 90% pay or aligning payment with statutory sick pay rates.
Additional Support for Parents of Seriously Ill Children
Alongside proposals affecting carers more generally, the consultation examines whether greater workplace protections should be introduced for parents of seriously ill children. This is known as ‘Hugh’s Law’, in memory of Hugh Menai-Davis who was just six when he passed from cancer. Their campaign ‘It’s Never You’ aligns with the consultation proposals seeking for improved rights and financial support for parents whose children become seriously ill. Therefore, the consultation seeks views on a one-off period of paid leave for parents of seriously ill children including how ‘serious illness’ should be defined, together with the length and pay rate for this type of leave entitlement.
Families facing serious childhood illness often encounter significant practical, emotional and financial challenges. This aspect of the consultation reflects an increasing focus on ensuring employment law provides meaningful support to employees who are facing family challenges.
The consultation remains open until 1 September 2026. We will provide further updates in due course.
The consultation paper can be accessed here: Make Work Pay: employment rights for unpaid carers and parents of seriously ill children - GOV.UK
What Should Employers Do for Now?
Although no legislative changes have yet been announced, the consultation provides a useful opportunity for employers to review existing arrangements and assess how they support employees with caring responsibilities. If employers have not got a carer’s leave policy in place setting out the current statutory entitlements, they may wish to put one in place.
Courtney Kidney comments:
This consultation signals a move towards strengthening workplace support for carers. The potential introduction of paid leave and enhanced return to work rights would be a significant development enhancing eligible employees’ rights.
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