Government issues consultation on employment rights for unpaid carers and parents of seriously ill children

The Government has launched a new consultation as part of its Plan to Make Work Pay, focusing on strengthening employment rights for unpaid carers and parents of seriously ill children.

The consultation forms part of a wider review of the current statutory framework and seeks views on whether existing rights go far enough, or whether further support is needed.

The consultation closes on 1 September 2026.

Unpaid carers and parents of seriously ill children could get new rights under Government proposals - GOV.UK >>

Background

The Government had previously committed to reviewing the implementation of the Carer’s Leave Act 2023, which introduced a statutory right to unpaid carer’s leave from April 2024.

Under the current framework, employees are entitled to:

• Up to one week (five days) of unpaid carer’s leave per year
• The leave can be taken flexibly (e.g. individual days or half‑days)
• It is a day one right, with no qualifying service requirement

Alongside this, employees may also rely on:

• Time off for dependants in emergencies
• Flexible working rights
• Parental leave entitlements (where applicable)

The Government is now considering whether these rights are sufficient in practice, particularly given evidence that many carers struggle to balance work and caring responsibilities.

Scope of the consultation

The consultation seeks views on:

• The effectiveness of existing information and guidance available to unpaid carers
• Whether there is a need for additional or enhanced support
• What types of support would be most helpful for both employees and employers

Importantly, the consultation does not set out a preferred policy direction at this stage, but instead explores a range of possible options.

Potential reforms under consideration

1. Extending unpaid carer’s leave

One option being explored is extending the current entitlement of one week per year, allowing employees additional time to manage caring responsibilities.

This could take a variety of forms, including increasing the annual leave allowance or introducing additional leave in specific circumstances.

2. Introduction of a “right to return”

The consultation also considers introducing a statutory right to return to work following a longer period of unpaid leave.

This could operate in a similar way to maternity leave, where:

• Employees are entitled to return to the same role, or
• Where this is not possible, a suitable alternative role

Such a right would provide greater job security for employees who need to take extended time away from work for caring responsibilities.

3. Paid carer’s leave

A further option under consideration is the introduction of a short period of paid carer’s leave.

The consultation seeks views on:

• Whether paid leave should be introduced
• The appropriate length of leave
• The rate of pay, which could be modelled on existing statutory payments

This reflects concerns that the current unpaid entitlement may not be accessible for all employees.

Support for parents of seriously ill children (“Hugh’s Law”)

In addition to broader reforms for carers, the consultation also seeks views on a potential new statutory entitlement for parents of seriously ill children.

This proposal—commonly referred to as “Hugh’s Law”—focuses on providing:

• A dedicated entitlement to leave and pay
• Support during particularly acute periods, such as following a serious diagnosis

This would sit alongside, rather than replace, existing carer’s leave and family-friendly rights.

What this means for you

Although no legislative changes have been confirmed at this stage, the consultation signals a clear direction of travel towards enhanced support for employees with caring responsibilities.

For schools and trusts, key considerations include:

• Workforce and operational impact
• Policy review
• Schools may wish to review:

• Potential increase in staff absence if leave entitlements are extended or paid
• Greater demand for cover arrangements and workforce planning

• Special leave / compassionate leave policies
• Flexible working arrangements
• Existing provisions for supporting staff with caring responsibilities
• Equality considerations
• Employees with caring responsibilities may already be protected under associative discrimination principles. Any changes to statutory rights are likely to increase expectations around supportive management practices.

Next steps

The consultation will remain open until 1st September 2026, after which time the Government will consider responses and decide whether to introduce legislative reforms.

At this stage, the proposals remain under consideration, and you should continue to apply the current statutory framework while keeping developments under review.

HR Connect and Legal Connect will continue to keep you updated as to any further developments and changes.