By Joanne Bell & Hilary Larter
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Published 13 July 2026
The government has launched a wide‑ranging consultation on whether existing employment protections for carers remain fit for purpose, including proposals for paid leave, longer absences with job protection, and new rights for parents of seriously ill children.
Background
Unpaid carers are individuals who provide care to family members, partners or others with long‑term health needs without payment and outside formal employment. Current statutory rights and protections for unpaid carers include:
- Up to five days’ unpaid carer’s leave per rolling 12 month period
- A right to reasonable unpaid time off for dependants in emergencies
- Broader rights such as flexible working and annual leave
- Potential protection from discrimination by association under the Equality Act 2010
These statutory entitlements sit alongside other forms of support. For example, some employers may provide discretionary paid leave, compassionate leave or temporary adjustments to working patterns.
However, the government notes that many carers struggle to balance work and caregiving, with some reducing their hours or leaving employment entirely, contributing to an estimated £37 billion annual economic cost.
The consultation also identifies a number of practical challenges with the existing regime, including:
- Low awareness of rights among carers and employers
- Barriers to accessing information and support
- Limitations of unpaid leave where financial pressures deter taking leave
It also highlights that caring needs vary significantly, and that a “one‑size‑fits‑all” approach may not be effective.
Potential reforms under consideration
1. Extending unpaid carer’s leave
The government is consulting on whether to increase the current entitlement (five days per year) to allow carers more time away from work.
Questions include:
- How many additional days would be appropriate
- The potential impact on both employees and employers
2. Introduction of a “right to return”
A more structural reform under consideration is a longer period of unpaid leave combined with a statutory “right to return” to the same or a similar job, analogous to maternity leave protections. This is aimed at supporting carers during intensive or prolonged caring periods and reducing the risk of permanent exit from the workforce.
The consultation seeks views on:
- Eligibility (e.g. all carers, or specific groups such as end‑of‑life carers)
- Duration of leave
- Evidential requirements
3. Statutory paid carer’s leave
A key proposal is introducing a short period of paid carer’s leave. The government notes evidence that financial barriers limit the uptake of unpaid leave and is exploring whether paid leave could support:
- Workforce participation
- Retention
Options under consultation include:
- Duration (e.g. 1 - 2 days to over 5 days per year)
- Level of pay (ranging from statutory rates to a percentage of salary)
- Eligibility evidence requirements
4. New rights for parents of seriously ill children (“Hugh’s Law”)
The consultation explores a new statutory entitlement to leave and pay for parents of children diagnosed with serious illness. It includes consideration of the proposed Hugh’s Law, which would provide financial support and leave for parents and caregivers in the days and months following their child being diagnosed with a serious illness. This comes as a result of campaigning by Ceri and Frances Menai-Davis and their charity "It’s Never You", founded in memory of their son Hugh.
Currently, parents have access to unpaid parental leave and, if applicable, neo-natal care leave and pay, which provides protected time away from work when a new baby requires neonatal care. In this consultation, the government is seeking views on the nature of the challenges families face when their child is seriously ill, the awareness of current support, how a potential paid leave entitlement might operate in practice, and what the implications could be for employers, employees and the wider labour market, including any unintended consequences.
This includes gathering evidence on who should be eligible and what level of leave may be appropriate (listed options are from 1 week to more than 12 weeks' leave (or another period)). It also looks at what level of pay may be appropriate (for example from 90% of pay to the equivalent of statutory parental or sick pay) and how any new entitlement could be implemented in a way that is workable, proportionate, and mindful of the pressures on employers.
What does this mean for employers?
Employers are encouraged to engage with this consultation so that any future reforms strike the right balance between supporting carers and parents and minimising any adverse impact on employers. The consultation can be found here. The consultation closes on 1 September 2026.
Make Work Pay: employment rights for unpaid carers and parents of seriously ill children