Children and Families Bill

Insert the following new Clause—

“Children’s rights duty

Any person whose functions are of a public nature must in the exercise of
his or her functions have due regard to the need to—

(a)   respect, protect and fulfil children’s rights; and

(b)   actively seek and give due weight to the views of children in
matters affecting them.”

Insert the following new Clause—

“Kinship carers’ adjustment leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work at any time during an adjustment leave period.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) above shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section he is entitled to at least four weeks’ leave, or for a longer period
to be prescribed.

(4)   An employee who exercises his rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he had not been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(5)   For the purposes of this section, an employee is a qualifying employee if he
is a family and friends (kinship) carer looking after a child full-time because
the parent(s) is unable to look after the child, in the first 12 months after the
child moves in.”

Insert the following new Clause—

“Carers’ leave

(1)   A qualifying employee who satisfies prescribed conditions may be absent
from work for a specified period to provide care for a child or vulnerable
adult.

(2)   An adjustment leave period is a period calculated in accordance with
regulations made by the Secretary of State.

(3)   The regulations under subsection (2) above shall include provision for
determining the extent of an employee’s entitlement to leave under this
section but shall secure that where an employee is entitled to leave under
this section he is entitled to two week’s leave in any given year.

(4)   The leave may be taken in a two week block or part-time, with the
agreement of the employer.

(5)   An employee who exercises his rights under subsection (1)—

(a)   is entitled, for such purposes and to such extent as may be
prescribed, to the benefit of the terms and conditions of
employment which would have applied if he had not been absent,

(b)   is bound, for such purposes and to such extent as may be
prescribed, by any obligations arising under those terms and
conditions (except in so far as they are inconsistent with subsection
(1)), and

(c)   is entitled to return from leave to a job of a prescribed kind.

(6)   For the purposes of this section, an employee is a qualifying employee if he
has caring responsibilities for a child or vulnerable adult.”

Insert the following new Clause—

“Extension of emergency leave entitlement to grandparents

In section 57A(3) of the Employment Rights Act 1996 (time off for
dependants), after paragraph (d) insert—

“(e)   a grandchild”.”