Long-term foster care: new developments in leave of absence

A Royal Decree of 1 May 2023 provides for the assimilation of ties resulting from long-term foster care to family ties for the granting of certain leaves of absence.

This assimilation applies to family events that take place from 25 May 2023.

Long-term foster care

We understand by:

• "long-term foster care" means a placement where it is clear from the beginning that the child will stay in the same foster family with the same foster parents for a minimum of 6 months;
• "placed child" means a child for whom the worker or the worker's spouse, in the context of foster care, has been designated by the court, by a placement service approved by the community having jurisdiction, or by the appropriate community youth protection services;
• "foster parent" means a foster parent who, in the context of foster care, has been designated by the court, by a placement service approved by the community having jurisdiction, or by the appropriate community youth protection services.

Assimilation in the case of decease

Reminder

When a family member has deceased, the worker is entitled to a leave of absence corresponding to a number of days of absence to be chosen within a period ranging (in principle) from the day of decease to the day of the funeral.

The number of days varies depending on the relationship between the worker and the deceased.

The worker is entitled to:

• 10 days of absence for the death of his child;

• 3 days of absence for the death of his father or mother;
• 2 days of absence for the death of a brother, sister, grandfather, grandmother, grandchild who lived with the worker;
• 1 day of absence, the day of the funeral, for the death of a brother, sister, grandfather, grandmother, grandchild who did not live with the worker.

As of 25 May 2023

For deaths occurring as from 25 May 2023, relationships that arise from a long-term foster care placement are assimilated to family relationships provided that the death occurs:

• during a long-term foster care placement;
• or after the end of a long-term foster care placement; in some cases (e.g. death of a brother, sister, grandfather, grandmother, grandchild), the foster child must also have been a permanent and loving member of the foster family for an uninterrupted period of 3 years.

In practical terms, the foster child is assimilated to the child, the foster mother to the mother, the foster father to the father, etc.

Assimilation in the case of other family events

Reminder

The other family events (other than death) that give rise to the right to leave of absence, as well as the authorized duration for each of them, are provided for in the regulations.

In particular, this concerns:

• the marriage of a child, father, mother, brother or sister of the worker; the worker is allowed to be absent on the day of the wedding;
• the solemn communion or participation in the secular youth festival of a child of the worker; the worker is allowed to be absent on the day of the ceremony;
• the ordination or entry into the convent of a child, brother or sister of the worker; the worker is allowed to be absent on the day of the ceremony.

As of 25 May 2023

For family events (other than deaths) occurring as from 25 May 2023, relationships that arise from a long-term foster care placement are assimilated to family relationships provided that the event occurs:

• during a long-term foster care placement;
• or after the end of a long-term foster care placement in which the foster child has been a permanent and loving part of the foster family for an uninterrupted period of 3 years.

In practical terms, the foster child is assimilated to the child, the foster mother to the mother, the foster father to the father, etc.

Final remark

The Royal Decree of 1 May 2023, also abolishes the leave of absence that the worker could benefit from in order to participate in a meeting of a family council convened by the justice of the peace.

Source: Royal Decree of 1 May 2023 amending the Royal Decree of 28 August 1963 on the maintenance of the normal remuneration of workers for days of absence on the occasion of family events or in view of the fulfilment of civic obligations or civil missions, Belgian Official Gazette, 15.05.2023.