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07.11.2024 16:20

When is a worker entitled to informal care leave?

The right to informal care leave also called carer’s leave (omaishoitovapaa in Finnish) is still relatively unknown and not widely used. This new provision in the Employment Contracts Act came into effect in Finland in August 2022. This law is based on the EU’s Work-Life Balance Directive, says lawyer Maaret Pulliainen.

An employee has the right to take unpaid leave from work if they need time to provide personal help or support to a family member or a close relative living in the same household. Family members include the employee’s child, parent, spouse, cohabiting partner, or someone in a registered partnership with the employee. A close relative living in the same household could be, for example, a spouse’s child. 

The condition for carer’s leave is that the family member or relative needs significant help and support due to a serious illness or injury. The assistance provided requires immediate presence because the person’s ability to function is severely reduced. 

During the leave, you might, for example, accompany your relative to the hospital or help arrange services when they return home from hospital care. Employees are also entitled to leave when they participate in end-of-life care for a family member or relative. 

You can take up to five working days of carer’s leave per calendar year. The leave can be taken in multiple periods as full workdays. The employer and employee can also agree to take the leave in part-day intervals. 

The employee must notify the employer about the caregiver’s leave and its estimated duration as early as possible, allowing the employer to plan for substitute or other work arrangements. Sudden and unforeseen needs for caregiver’s leave may arise, for example, due to accidents or a sudden decline in a family member’s health. 

Upon the employer’s request, the employee must provide reliable proof of the reason for their absence. In practice, this means an informal statement explaining the need for help or support. A doctor’s note regarding the family member can only be provided with the family member’s consent. 

Caregiver’s leave is typically unpaid, unless there is a separate agreement on payment, for example, in a collective agreement. 

“You can get no more than five work days leave each calendar year for the care of a family member”, says lawyer Maaret Pulliainen.

Checklist

  1. Informal care leave is generally unpaid unless otherwise agreed, for example, in a collective agreement. 
  2. You can take up to five working days of leave if a family member or close relative needs your immediate support due to a serious illness or injury. You can also take leave to participate in end-of-life care. 
  1. Notify your employer about the leave as early as possible, preferably in writing. 

Keywords:

employment relationship legislation

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