The Carer’s Leave Regulations 2024

Calculation of a weeks leave

6.—(1) In respect of regulation 5 a week of carer’s leave is a period of absence from work equal in duration to the period the employee is normally expected or required to work in a week at the time of making the request, calculated in accordance with paragraphs (2) to (5).

(2) Where the period for which an employee is normally expected or required, under their contract of employment, to work in the course of a week does not vary, a week’s leave for the employee is a period of absence from work which is equal in duration to the period for which the employee is normally required to work during the course of a week in the relevant period.

(3) Where the period for which an employee is normally required, under their contract of employment, to work in the course of a week varies from week to week or over a longer period, or where they are normally required under their contract to work in some weeks but not in others, a week’s leave for the employee is a period of absence from work which is equal in duration to the period calculated by dividing the total of the periods for which the employee is normally required to work during the course of a week in the relevant period by 52.

(4) In the case of an employee who has worked for their employer for at least one week but less than 52 weeks during the relevant period, a week’s leave is a period of absence from work which is equal in duration to the period calculated by dividing the total of the periods for which the employee is normally required to work during the course of a week by the number of weeks the employee has been employed.

(5) In the case of an employee who has worked for their employer for less than a week, a week’s leave is a period of absence from work which is equal in duration to the period for which the employee is expected to work in that week.