Fostering Leave Trust Claim

Overview

Both employed parents or employed adoptive parents are entitled for four months Fostering Leave per parent applying for parental leave and not for each child fostered, which has to be taken until the child has attained 8 years of age. The first two (2) months or eight (8) weeks are non-transferable and are eligible for benefit payment; while the second two (2) months or eight (8) weeks are transferable between parents but are unpaid of any benefit.

Legal Notice 201 of 2022, provides that the first eight (8) weeks of fostering leave is paid to the employer on behalf of employees who are certified as foster parents. The applicable payment rate is the Married rate established for the Sickness Benefit.

Employers shall claim a refund from the Department of Social Security for a maximum of eight (8) weeks of Fostering Leave period in four (4) two-week payment segments, as shall be explained further ahead. The first four (4) weeks which may be claimed until the child is four (4) years old, can be claimed either separately in two (2) two-week segments or in one (1) four-week Fostering Leave claim.

In compensation the Maternity Trust Fund Contribution that came into effect as of 1st July 2015 through Legal Notice 257 of 2015 (Trusts and Trustees Act Cap. 331.), shall be adjusted to reflect the Work-Life Balance entitlements set up by Legal Notice 201 of 2022, of 2^nd August 2022.

The Public Service and Public Sector Entities; Authorities, Agencies and Public Corporations are exempt from this scheme’s contribution. However, Public Service and Public Sector employees are nonetheless entitled to Fostering Leave.

Please click here for a Schedule of Benefits Rates.

What you’ll get

Under this scheme, employers will pay a maximum of eight (8) weeks of Fostering Leave to their employees which follow the fostering of a child and then apply via a specific online application for a Refund of applicable benefit rates with the Department of Social Security when the employee returns to work. A claim for refund should be made per parent as follows:

Fifty per cent (50%) or four (4) weeks of the entitlement paid for fostering leave up to when the child is four (4) years of age.
Twenty-five per cent (25%) or two (2) weeks of the entitlement paid for fostering leave up to when the child is between five (5) and six (6) years of age.
Twenty-five per cent (25%) or two (2) weeks of the entitlement paid for fostering leave up to when the child is between seven (7) and eight (8) years old.

Eligibility

General eligibility criteria:

Child has to be fostered on 02/08/2022 or after.
For Fostering Leave there needs to be an evidenced fostering recognition by an employee who is employed with the claiming employer for at least one calendar year before Fostering Leave Claim.
This means that, the employee should be employed with the claiming employer for a period of one (1) calendar year before the commencement date of the Fostering Leave.
Since Self-Occupied persons do not contribute to the Maternity/Paternity Trust Fund, are not entitled to the Maternity/Paternity Trust Fund Claim. Therefore, like Maternity Leave, these schemes apply only to Employed Persons, and refunds are made through the Trust Fund to employers, according to the applicable rates established for each scheme.

Other Scenarios

The Maternity-Work-Life Balance Leave Contribution should still be paid according to the basic weekly wage for employees on half-pay.
This should also be paid to part-timers working on irregular hours, and this is to be calculated according to the basic weekly wage.

Church Schools

Teachers working in Church Schools are not considered as public officers and therefore Fostering Leave Contribution should be paid in their respect.

Documentation required

General documentation:

A Fostering Certificate.
Pay Slips for wage/salary paid during Fostering Leave of the claiming employee.
FS3 of preceding calendar year of the claiming employee.
In the case of separated parents, the claiming parent has to provide certified evidence that he/she enjoys the legal custody of the child.
Social Security Contributions receipts issued by the Commissioner for Revenue (CfR), covering one (1) year before the Fostering Leave Claim of the claiming employer.
JobsPlus List of Employees, indicating employment commencement date at least one (1) year prior to Fostering Leave Claim.