Can my employer refuse time off for fostering responsibilities?

An employer may refuse a particular request for time off connected with fostering, depending on the reason for the request, your employment contract and the organisation’s policies. There is no general statutory right to paid fostering leave, so planned fostering activities usually need to be arranged through annual leave, an agreed leave policy, flexible working or another arrangement with your employer.

The position is different where an unexpected situation involves a child who depends on you. The statutory right to time off for dependants can apply when an emergency arises, such as a sudden problem with childcare or an incident affecting a child in your care. This right is intended for a reasonable amount of time to deal with the immediate situation, rather than ongoing or pre-arranged time away from work. Whether it applies to a particular fostering situation depends on the circumstances, so check the policy and obtain advice if you are unsure.

Many fostering-related commitments can be planned in advance. These may include training, assessment meetings, home visits, panel preparation, introductions and appointments connected with a placement. An employer can usually decline a request for annual leave on particular dates, provided it follows the relevant holiday rules and your contract. It may also refuse unpaid leave if there is no contractual or statutory entitlement to it.

Some employers have their own foster care policy. This might provide paid or unpaid fostering leave, additional flexibility, special leave for training, or arrangements for emergencies. The policy may distinguish between time needed to become approved and time required after a child is placed. Ask your human resources team or manager for the policy rather than relying on an informal understanding.

If your employer does not offer fostering leave, you could discuss several alternatives:

• using annual leave for pre-arranged meetings, training or appointments;
• agreeing unpaid leave or a short-term adjustment to your hours;
• changing your start and finish times on specific days;
• working additional hours at another time, where this is practical and approved;
• using a mixture of annual leave and flexible working during the assessment or placement period; and
• agreeing who will respond if an urgent issue arises during your working day.

You may also have the right to make a statutory flexible working request. This can cover changes to your hours, working pattern or place of work. It is a request, not an automatic entitlement to have the change accepted, and an employer can refuse it for a permitted business reason. A request should therefore explain the proposed arrangement, how long it would last and how work would continue to be covered.

Before discussing time off, prepare a clear outline of your likely commitments. Your fostering service can explain the stages of assessment and the practical expectations of caring for a child, although it cannot decide what leave your employer must approve. Ask which activities are likely to be scheduled, which could be rearranged and what support might be available from the wider fostering team. This information helps you distinguish regular commitments from emergencies.

Approach your employer as early as possible and put the agreed arrangements in writing. Include the dates or types of time off you may need, whether the request is for paid leave, unpaid leave or a change to your working pattern, and how urgent situations will be managed. A written agreement can prevent confusion about notification, cover and who should be contacted.

Your employer should not make assumptions about your ability to work simply because you are considering fostering. However, you must be able to meet the practical requirements of the placement alongside your job. During a fostering assessment, you will be expected to explain how work, childcare, school arrangements, transport and emergencies would be managed. If your proposed arrangements are not workable, the fostering service may ask you to consider alternatives or whether a different type of placement would be more suitable.

If a request is refused, ask for the reason and check whether another option is available. A refusal of one set of dates does not necessarily prevent you from requesting different dates or a different working arrangement. If you believe your employer has failed to follow a statutory process, breached your contract or treated you unfairly, speak to your trade union, an employment adviser or another appropriate source of employment-law guidance.

The safest approach is to establish both sides of the arrangement before accepting a placement: confirm your employer’s leave and flexible-working rules, discuss the likely fostering commitments with your fostering service, and agree a practical plan for planned appointments and unexpected care needs.