If you are a family member or friend raising a child on behalf of their parents, legal advice will help you understand what your rights are.
Time off work for kinship carers
One of the big challenges of kinship care is managing work and your new childcare responsibilities. Know your rights when it comes to needing time off as a kinship carer.
This advice applies to: England and Wales
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It can be hard to balance being a kinship carer when you also have a job. As well as looking after the child day-to-day, chances are you will need to attend appointments, visit schools, take your child to health professionals, fill in forms and more. That’s why it’s a good idea to learn about, and understand, your employment rights.
As an employee, you have the right to ask your employer for time off work to meet your caring responsibilities. As a kinship carer, in many cases you have the same rights as the child’s parents when asking for time away from your job.
Flexible working
All employees have the legal right to request flexible working. This could be a change to:
- when you start and finish work
- the number of hours you work
- the days you work
- where you work (at home, in an office or hybrid working)
If you are employed you can request a flexible working arrangement, however long you have worked at your organisation. This might include working part-time or as a job share. It could be working longer hours over fewer days or working from home. Employers must deal with your request in a ‘reasonable manner’, which could include:
- weighing up the advantages and disadvantages of the request
- discussing possible alternatives to the request
- offering a way to appeal a decision
It is important to understand that a change granted under the right to request flexible working is permanent. Employees can make 2 applications for flexible working in any 12-month period.
Any reduction in hours may have an impact on benefits, so before making any decisions, it’s a good idea to get legal advice.
If you only want a temporary change to your working hours, you should speak to and agree the terms with your employer.
Unpaid parental leave
If you have been with your employer for more than a year, you may be entitled to up to 18 weeks unpaid parental leave for each child you are caring for.
You are eligible if you have parental responsibility or are applying for a legal order that will grant you parental responsibility for a child aged under 18. You are not eligible if you are a foster carer.
You can take a maximum of 4 weeks in one year for each qualifying child. You must take parental leave as whole weeks, rather than individual days. Unless your employer agrees otherwise, or if your child is disabled. You do not have to take all the leave at once.
Your employment rights are protected during parental leave. These include, but are not limited to, your pay, returning to a job and holiday entitlement.
Time off for dependents
As an employee, you are entitled to time off to deal with an emergency that involves a dependent, for example a child or an adult in your care. It does not matter how long you have been working for your employer. You must let your employer know what is happening and get back to work as soon as you can.
There’s no set amount of time given to deal with the emergency – it will depend on the situation. You may not be paid whilst you are off work. Your employer may choose to pay you but legally they don’t have to. Check your company’s policy or handbook to see if they have rules about pay when you take time off for dependents.
Some employers do allow a number of days per year as carers’ leave, but they do not have to pay you for this time unless it is in your contract.
Kinship Friendly Employer scheme
Many companies have family friendly policies, such as flexible working and paid parental leave. However most don’t cover kinship carers. You can help change this. Encourage your company to sign up our Kinship Friendly Employer scheme.
Our free framework and toolkit helps any employer – from any sector and of any size – to introduce kinship friendly policies.
Encourage your employer to become a kinship friendly employer.
Support from Kinship
Here at Kinship, we offer a range of free support for all kinship carers, including workshops, online advice and information, and support groups.
Contact the Kinship advice team to speak to an adviser or book an appointment.
Find services, information and support in your local area using our Kinship Compass, including information about your local children’s services.
Related advice and information
Stepping up to raise a child can be expensive, and money worries are common for kinship carers. Find out what financial support and benefits are available to you.
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