Lead member
Steve Darling
Liberal Democrat, Torbay
Commons
Decision
Withdrawn after debate
This amendment was withdrawn after debate and no decision was taken on it.
Amendment text
To move the following Clause—
“Kinship care leave
(1)
The Employment Rights Act 1996 is amended as follows.
(2)
After section 80EE insert—
“Chapter 5
Kinship care leave
80EF
Kinship care leave
(1)
The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if the employee satisfies conditions specified in the regulations as to an eligible kinship care arrangement with a child.
(2)
The regulations must include provision for determining—
(a)
the extent of an employee’s entitlement to leave under this section in respect of a child;
(b)
when leave under this section may be taken.
(3)
Provision under subsection (2)(a) must secure that—
(a)
where only one employee is entitled to leave under this section in respect of a given child, the employee is entitled to at least 52 weeks’ leave;
(b)
where more than one employee is entitled to leave under this section in respect of the same child,those employees are entitled to share at least 52 weeks’ leave between them.
(4)
An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—
(a)
at least one year, and
(b)
until the child being cared for attains the age of 18.
(5)
For the purposes of this Chapter, “eligible kinship care arrangement” means—
(a)
special guardianship,
(b)
a kinship child arrangement,
(c)
a private fostering arrangement, or
(d)
a private family arrangement,
within the meaning given by section (Meaning of “kinship care”) of the Employment Rights Act 2024.
(6)
The regulations may make provision about how leave under this section is to be taken.
(7)
In this section—
(a)
“special guardianship”, “kinship child arrangement”, “private fostering arrangement” and “private family arrangement” have the same meanings as in section (Meaning of “kinship care”) of the Employment Rights Act 2024.
(b)
“week” means any period of seven days.
80EG
Rights during and after kinship care leave
(1)
Regulations under section 80EF must provide—
(a)
that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,
(b)
that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and
(c)
that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EH.
(2)
The reference in subsection (1)(c) to absence on leave under section 80EF includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
(a)
maternity leave,
(b)
paternity leave,
(c)
adoption leave,
(d)
shared parental leave,
(e)
parental leave,
(f)
parental bereavement leave.
(3)
In subsection (1)(a), “terms and conditions of employment”—
(a)
includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but
(b)
does not include terms and conditions about remuneration.
(4)
Regulations under section 80EF may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
(5)
Regulations under section 80EF may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
(a)
seniority, pension rights and similar rights;
(b)
terms and conditions of employment on return.
80EH
Special cases
(1)
Regulations under section 80EF may make provision about—
(a)
redundancy during or after a period of leave under that section, or
(b)
dismissal (other than by reason of redundancy) during a period of leave under that section.
(2)
Provision by virtue of subsection (1) may include—
(a)
provision requiring an employer to offer alternative employment;
(b)
provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).
80EI
Chapter 5: supplemental
(1)
Regulations under section 80EF may—
(a)
make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;
(b)
make provision requiring employers or employees to keep records;
(c)
make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;
(d)
make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);
(e)
make special provision for cases where an employee has a right which corresponds to a right under section 80EF and which arises under the person’s contract of employment or otherwise;
(f)
make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80EF;
(g)
make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EF;
(h)
make different provision for different cases or circumstances;
(i)
make consequential provision.
(2)
The cases or circumstances mentioned in subsection (1)(h) include—
(a)
more than one child being subject to the same eligible kinship care arrangement, and
(b)
a child being subject to an eligible kinship care arrangement on two or more separate occasions,
and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.
(3)
The Secretary of State may by regulations make provision for some or all of a period of kinship care leave to be paid.””
Member's explanatory statement
This new clause sets out an entitlement to kinship care leave.