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Part 2Carer’s Leave

Notice requirements for carer’s leave

7.—(1) An employee may take carer’s leave to which they are entitled on such days as the employee may elect by giving notice of their intention to their employer in accordance with paragraph (2).

(2) A notice—

(a)may relate to all or part of the carer’s leave to which an employee is entitled in the relevant period,

(b)must specify that the employee is entitled to take carer’s leave in accordance with regulation 4(1)(a) and (b),

(c)must specify the days on which the carer’s leave is to be taken and if the leave relates to part of a day, shall specify this, and

(d)must be given to the employer before the relevant date.

(3) For the purposes of paragraph (2)(d) the relevant date shall be whichever is the earlier of—

(a)twice as many days in advance of the earliest day specified in the notice as the number of days or part days to which the notice relates, or

(b)three days in advance of the earliest day or part day specified in the notice.

(4) An employer cannot require an employee to supply evidence in relation to a request for carer’s leave before granting the leave.

(5) Where an employee fails to give notice in accordance with paragraph (2)(d), the employer may choose to waive that requirement, and where the other requirements set out in paragraph (2) are complied with, the employee is to be treated as having given notice in accordance with this regulation.