From 1st July 2025, foster parents caring for a child placed in a long-term foster care arrangement will enjoy the same rights regarding career interruption and allowances as biological or adoptive parents.
What is parental leave ?
Parental leave is a period of leave granted to parents to care for their child, typically following maternity or paternity leave. It allows parents to temporarily reduce their working hours or to suspend their professional activities to focus on the education and well-being of their child.
Read more : « What is parental leave ? »
Who can benefit from parental leave for foster parents?
Employees designated as foster parents by an official body will be eligible for parental leave for the child they are fostering. This new provision is part of a long-term foster care arrangement and grants foster parents the same rights as biological parents.
To effectively benefit from this right, the employee must be officially designated and appointed as a foster parent by a decision issued by:
- The court
- An approved placement service by the competent community
- The youth assistance services
- The Committee for Special Youth Assistance
Good to know : Long-term foster care refers to a placement where it is clear from the outset that the child will stay for at least six months with the same foster family and the same foster parents.
What are the conditions to be met to obtain this leave ?
To qualify for parental leave, the following conditions must be met:
- The employee must have been designated as a foster parent by an official body (as mentioned above)
- The child being fostered must be registered as a member of the employee's household in the population register or the register of foreigners.
- A certificate confirming the long-term foster care (at least 6 months) must be provided by the competent service and submitted to the employer no later than the start of the leave.
- The right to parental leave remains valid as long as the child is placed in the family, subject to compliance with age and registration conditions.
From when can the employee exercise their right to parental leave for fostering ?
The right to parental leave for fostering can only be exercised by the employee from the registration of their child as a member of the household in the population register or the register of foreigners of the municipality where the employee resides. However, a royal decree may establish another starting point for the leave.
Good to know : The employee can only exercise this right to parental leave as long as their child is placed in their family under a long-term foster care arrangement.
What is the duration of this parental leave ?
The employee can benefit from a maximum of four months of complete interruption or its equivalent in the context of an authorized reduction of working hours for the same child.
Therefore, the employee can consider their parental leave for foster parents in four different forms :
- A complete suspension of work duties for 4 months. This leave can be divided into periods of 1 month or a multiple (1, 2, 3, or 4 months)
- A reduction of duties to half-time for 8 months. This leave can be divided into periods of 2 months or a multiple (2, 4, 6, or 8 months)
- A reduction of duties by 1/5 for 20 months. This leave can be divided into periods of 5 months or a multiple (5, 10, 15, or 20 months)
- A reduction of duties by 1/10 for 40 months. However, the employer's agreement is required for this form of parental leave.
Learn more : « What are the different forms of parental leave ? »
When does it come into force ?
In principle, the harmonisation of parental leave for foster parents with standard parental leave will come into force on 1st July 2025. Therefore, this regime will apply to requests submitted by employees from that date.
Clarifications regarding parental leave for foster parents, particularly to establish another starting point for the leave, may still be provided by royal decree. We will keep you informed on Lex4You.
What does Securex do for you ?
For any additional information on parental leave for fostering, please do not hesitate to contact your Legal Advisor via : myHr@securex.be.
To learn more, you can also consult our file on parental leave for fostering.