The government has launched a new consultation on employment rights for unpaid carers and parents of seriously ill children. Employers may face new obligations around leave, pay and job protection if the government decides that existing rights do not provide enough support for employees with significant caring responsibilities.
The consultation seeks views on whether existing protections go far enough and whether to introduce new statutory rights to help individuals balance work with significant caring commitments.
The review follows the introduction of the Carer’s Leave Act 2023, which gave employees a day-one right to take up to one week of unpaid leave each year to care for a dependant with long-term care needs. The government is now considering whether further reforms are needed to help carers remain in work while fulfilling their caring responsibilities.
Why is the government consulting?
Alongside the consultation, the government has published qualitative research examining the experiences of unpaid carers in employment. Participants described caring responsibilities as difficult to predict and manage alongside work, particularly where caring needs change or intensify over time.
Participants reported reducing their working hours, declining career progression opportunities or leaving employment altogether to provide care. The research highlighted limited awareness of existing statutory rights and found that the current entitlement to one week of unpaid carer’s leave was frequently viewed as insufficient and financially unaffordable. Many employees opt to use paid entitlements (such as annual leave) instead.
Against this backdrop, the government is seeking views on whether additional employment rights could improve workforce participation and retention among unpaid carers.
Potential reforms
The consultation seeks views on several possible reforms:
- Extending unpaid carer’s leave: The government is considering whether to increase the current entitlement of five days’ unpaid leave. While the government has not put forward a preferred proposal, the consultation seeks views on extending the entitlement to up to 10 days.
- Introducing paid carer’s leave: The consultation also explores the possible introduction of a short period of paid carer’s leave. The accompanying research found that financial considerations often prevent carers from making full use of existing unpaid entitlements. The government is therefore looking for feedback on how paid leave could operate in a way that is fair and sustainable for carers, employers and public finances. The consultation invites comments on both the length of any entitlement and the appropriate level of remuneration.
- Right to return: The government is considering the introduction of a statutory right to return following an extended period of carer’s leave. This could operate in a similar way to the protections available during maternity leave, with an employee’s job, or a suitable alternative role, protected during their absence. This could help alleviate concerns around job security for employees with intensive or prolonged caring responsibilities, while also helping employers with retention and workforce planning.
In relation to all these proposals, the government acknowledges the need to balance enhanced support for unpaid carers with the potential financial, administrative and operational impacts on employers. The consultation is an opportunity for employers to share their views on the relative impact and feasibility of the options under consideration and influence the final shape of any legislative proposals.
Hugh’s Law
The consultation contains a separate chapter dedicated to a proposal known as “Hugh’s Law”. The proposal follows a campaign led by the parents of Hugh Menai-Davis, who died from cancer aged six. It seeks to address the significant financial and employment pressures faced by parents caring for a seriously ill child.
The government asks for views on whether parents should benefit from:
- a statutory entitlement to paid leave when caring for a seriously ill child;
- enhanced employment protections during periods of absence;
- a guaranteed right to return to work; and
- financial support comparable to that available under other family-related leave schemes.
The consultation also explores how to define a “serious illness” and what level of leave and pay would be appropriate. Potential options include a dedicated period of leave of up to 12 weeks, although the government is seeking evidence on whether a longer entitlement may be justified in certain circumstances.
Practical considerations for employers
Employers should consider responding to the consultation to help shape the practical operation of any new rights before it closes on 1 September 2026.
Although the government has not committed to proposing specific legislative changes, employers may wish to review existing carer’s policies, family leave provisions and flexible working arrangements. They may also wish to consider whether additional support is already available through contractual benefits, employee assistance programmes or wider wellbeing initiatives.
Organisations do not need to wait for legislation before assessing the potential impact of reform. An early review of existing policies and workforce demographics may help identify where any new rights are most likely to affect absence management, pay costs and workforce planning. It may also place employers in a stronger position to adapt once the government publishes its proposals following the consultation.
