Carer’s Leave Act 2001

Notice of carer’s leave.

9

9.—(1) When an employee proposes to take carer’s leave, the employee shall, not later than 6 weeks before the proposed commencement of the carer’s leave, provide the employer with a notice in writing stating—

( a) the proposal to take the carer’s leave,

( b) that an application referred to in section 6(5) or, where appropriate, section 6(6) , has been made, and

( c) the proposed date of commencement of the carer’s leave and the form in which it is proposed to be taken.

(2) Where, in exceptional or emergency circumstances, it is not reasonably practicable to give notice in accordance with the period specified in subsection (1) the employee shall give that notice as soon as is reasonably practicable.

(3) An employee may revoke a notice of the proposal to take carer’s leave given to the employer in accordance with subsection (1) or, where appropriate, subsection (2), by notice in writing given to the employer before the date of the confirmation document and where the notice of the proposal to take carer’s leave is so revoked the employee shall not be entitled to take carer’s leave at the time specified in the notice given in accordance with subsection (1) or, where appropriate, subsection (2).

(4) Notwithstanding subsection (1) where leave, purporting to be carer’s leave, is taken by an employee who is entitled to carer’s leave but who has not complied with subsection (1) or (2), the employer may, at his or her discretion and subject to subsection (8), treat that leave as carer’s leave and this Act shall apply to that leave accordingly.

(5) An employer shall retain the documents given to him or her in accordance with subsection (1).

(6) An employee who is on carer’s leave shall, not less than 4 weeks before the date on which that employee is due to return to his or her employment, give notice in writing to the employer of the intention to return to work.

(7) Subsection (6) shall not apply if the period of carer’s leave is terminated in accordance with section 11(2) .

(8) An employer may, when exercising his or her discretion under subsection (4), refuse to treat leave as carer’s leave on reasonable grounds and where the employer so refuses he or she shall specify in writing the grounds for such refusal.