Advice on Carer taking unpaid leave

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Rifi7

I need a bit of advice and wondered if anyone on this forum has been in the same situation as me.  I have a private carer who gets paid through my direct payments with a payroll company managing her payslips.  As she is classified as a private carer and I am her employer and I cannot seek advice through a care agency.

My situation is that my carer wants to take 2 weeks unpaid leave at the end of the month because she doesn’t want to use any of her 5 weeks annual holiday owing to her.  When I asked her why she needs the time off, her response she wants to do some decorating at home.  I feel it is unfair for her take another additional two weeks on top of her five weeks because it will be very difficult for me to find cover for her.
Basically I need to know whether she can take additional 2 weeks unpaid in addition to five weeks annual leave without a legitimate reason?
Any advice is greatly welcome.
Thank you

purpletoast

Hi Rifi7,
I can see how this might be difficult for you. From my experience, whilst you don’t have to agree this you do need to consider it. Many employers would give unpaid leave for distinct types of reasons, such as education, caring for some one. Employers with many employees might even give people time off to travel. 

Clearly, this is not your case. You appear to have good reason to not agree this as it does not assist you (its not education to learn new skills useful to the job) and it would be difficult to replace them. If you get on really well with your carer it might be worth allowing them say a couple of extra days as a compromise and a good will gesture. If this would be too great a problem for you it would be good to explain the reasons for your decision to them and gently decline. This seems your most likely response in the circumstances.

For more help I suggest  you contact ACAS: You can:

**use the Acas Helpline Online to ask questions

**look at the full A to Z of advice that Acas can give

**call the Acas helpline

Acas helpline 
Telephone: 0300 123 1100 
Monday to Friday, 8am to 6pm 
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Acas provides free and confidential advice to employers, on employment rights, best practice and more.

Hope this helps and you resolve this amicably.