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Embracing kinship care: understanding the role of kinship carers and how employers can show their support

By Mark Hamilton and Laura Morrison
March 28, 2024
  • Employee benefits
  • Employment policies
  • Family friendly rights
  • Flexible working
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Kinship care, also referred to as “family and friends care”, is a situation where a child is looked after by a relative or a family friend instead of their parents. Staying employed can be a significant challenge for many kinship carers, who frequently assume the care of children unexpectedly and at considerable personal sacrifice.

Employers offering support to assist employees in managing their newfound caregiving duties alongside their professional responsibilities can help to greatly enhance their employees’ wellbeing and that of the children they look after. Supporting kinship carers can also offer tangible advantages for businesses, such as improved staff retention and increased employee motivation.

Kinship caregiving can be either on a temporary or permanent basis and may involve shared caregiving responsibilities. According to the 2021 Census data, there are approximately 132,000 children in England being raised by family members.

Towards the end of 2023, as part of the government’s extensive plans to reform children’s social care, the Department for Education launched a kinship care strategy, which included a guidance document for employers titled “Kinship carers in the workplace”.

The guidance recommends employers guide kinship carers towards existing rights, such as the ability to request flexible working, time off for dependents and unpaid parental leave. It encourages employers to consider carefully any requests such carers are eligible to make. The guidance also outlines steps for creating a kinship-friendly workplace, including:

  • Fostering a supportive culture: Employers should show they understand the role of kinship carers, point staff to relevant policies and encourage open discussions about support with their manager or HR representative. The guidance highlights the importance of flexible working for kinship carers balancing work and caregiving.
  • Developing or modifying workplace policies: Employers might consider crafting a specific policy for kinship carers or adjusting current policies to explicitly cover them. This could involve extending existing leave schemes, such as special or compassionate leave, to include kinship carers, or offering leave and pay benefits similar to statutory adoption leave and pay, even when kinship carers would not normally qualify for these entitlements.
  • Empowering managers to assist kinship carers: Managers can promote a culture of openness, engage in regular one-on-one discussions with team members and provide an environment where kinship carers feel comfortable disclosing their status and discussing the support and flexibility they require.

In a debate on the new kinship care strategy in early March 2024, several MPs called for the introduction of specific statutory leave for kinship carers. This echoed similar calls from the Scottish Minister for Children, Young People and Keeping the Promise. The Independent Review of Children’s Social Care, released in May 2022, suggested that kinship carers should be entitled to paid leave equivalent to statutory adoption leave.

If you are considering putting in place support mechanisms for kinship carers, there are several organisations dedicated to kinship carers who may be able to offer advice, including Kinship, The Fostering Network and Working Families.

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employee benefits, employment policies, family friendly rights, Flexible working
Mark Hamilton

About Mark Hamilton

Mark is a partner in Dentons' Employment and Labor practice. He has specialised in employment law since 1995. He advises on all aspects of employment law including Executive contracts and severances, TUPE transfers, collective employee relations, large restructuring and redundancy programmes, negotiation and termination of contracts and unfair dismissals. He is recognized as having both top class technical legal knowledge and an extremely pragmatic approach whether he is providing strategic advice or guiding clients through a complex dispute.

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Laura Morrison

About Laura Morrison

Laura is a managing practice development lawyer based in Dentons' Edinburgh office, supporting the People, Reward and Mobility practice across the UK. She has more than 17 years' experience as an employment lawyer. Laura's responsibilities focus on supporting our fee earners through a variety of knowledge initiatives, from internal and external training to the development of innovative methods for service delivery.

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