Foster Parents: Rest Periods, Public Holidays, Leave

November 21st, 2018

The Grand Chamber of the CJEU has ruled, in Case C-147/17, Sindicatul Familia Constanta v Directia Generala de Assistenta Sociala, that Article 1(3) of Directive 2003/88/EC concerning working time, read in conjunction with Article 2(2) of Directive 89/391/EEC, on the introduction of measures to encourage improvements in the safety and health of workers, must be interpreted as meaning that the work performed by a foster parent, under an employment contract with a public authority, which consists in taking in a child, integrating that child into his or her household and ensuring, on a continuous basis, the harmonious upbringing and education of that child, does not come within the scope of the Working Time Directive.

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