The legislative proposal for the federal Programme Act was introduced last week in the federal parliament and is expected to be voted on this month. One of the only employment law matters included in this first big reform of the new federal government is the introduction of parental leave for foster parents. The other employment reforms of the so-called Easter Agreement will be introduced via other legislative acts in the coming months.
Any employee who has been appointed as a foster parent by an official agency, and who, as a result of a placement of a child in long-term foster care, takes a child into his family, shall have the same rights in respect of that child in respect of parental leave (under Chapter IV, Section 5 of the Act of 22 January 1985), as an employee who is a parent in the first degree of a child. Foster parents are appointed by a court, a recognised service for foster care or a competent community service for youth wellbeing.
The Act defines “long-term care” as an appointment of a child to the same foster family, foster parents or foster parent during a period of at least 6 months. The Government can further define this concept by Royal Decree.
The employee is entitled to this parental leave from the registration of the child as part of his family in the population register or in the register of the municipality where the employee has his residence. The Government may, by Royal Decree, determine a different starting point for the commencement of the leave. The employee will be entitled to this right as long as the placement of the child under his/her care lasts.
The parental leave is awarded per foster parent and per child in long-term foster care. Meaning that if there are two foster parents present, both will be entitled to the parental care. The duration is the same as for normal parental leave, i.e. max. 4 full months. These months can be spread over time and can be taken as half-time, 1/5th or 1/10th leave. During the parental leave, employees will receive an allowance from the National Employment Office (ONEM/RVA)
Towards the employer, the foster care has to prove the long-term foster care by submitting, not later than the time when the leave begins, the document or documents substantiating the foster care. Specifically, in addition to a recent proof of registration of the child as part of the employee's family in the relevant register, the employee will also have to provide a recent certificate demonstrating the existence at that time of long-term foster care in respect of a particular child (issued by the competent foster care service within the competent community). Unless this would appear from one of the aforementioned documents, the employee must be able to prove that the child in question meets the imposed age condition (in principle, under 12 years).
Applications for parental leave by long-term foster care parents will be possible as from from 1 July 2025.
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