As Die Welt newspaper reports, his government “Fanariou” (Social Democrats, Greens and Neoliberals)had made it clear in her coalition agreement that she would support all families if they “need time to educate and care for their children” and if parents want to share the work required to raise a child.
The government had also announced that it would introduce two weeks of paid leave for both partners after the birth of their child.
The European Union has indeed established the ten days paid leave for new parents, as early as 2019. Germany had until 1 August 2022 to implement the EU directives and, indeed, implemented most of the provisions by then.
However, as far as paternity leave is concerned, the matter has been “blocked” as the Minister of the Family, Lisa Paus, is preparing its own draft law. Paus’ bill has been on hold for a year due to funding disputes. This, however, seems to have already started to cause problems for the federal government, since a few days ago, a father filed for the first time a lawsuit against the authorities, asking to be compensated.
The man, whose child was born in the summer of 2023, had asked his employer for two weeks’ paternity leave. But because the EU directive has not yet been incorporated into German law, his application was rejected. As a result, the man was forced to “spend” days of his normal leave to be near his wife and child immediately after the birth. In his lawsuit, the German father claims he suffered financial loss because the European directive was not implemented in time by the state.
“Paternity leave it is not an act of charity, but a legal right“, one of the man’s two lawyers tells Welt, with the second lawyer complaining that the federal government is violating European law. “The fact that the rulers are consciously delaying the implementation of these laws shows in a frightening way how little political will there is to really support families,” the two advocates argue.
For her part, Minister Paus does not see any violation. With her bill she wants to introduce so-called “family start time”, a new term that comes to replace “maternity” or “paternity” leave. In essence, this bill does not bring anything different from the European directive, since it establishes the possibility two weeks paid leave to parentsimmediately after the birth of their child.
The German government has argued that Germany’s existing legislation on parental leave and parental allowance already adequately support parents. Of course, many times the allowance does not correspond to the licensee’s normal salary, while with some other changes that will be made to German family law in April, the two parents of a child will not be able to receive the allowance at the same time.
For Paus, again, the main goal of its introduction “family start time”, is to incentivize caregivers’ partners to fulfill their caregiving responsibilities as early as possible. Women who no longer live with the child’s father will also be able to appoint a second carer-guardian for the child, who will help them directly after the birth, receiving paid leave.
“With the right to paid leave immediately after the birth, we encourage parents to create a cooperative relationship in the early phase of creating their family,” says the Ministry of Family Affairs. “Often, it is at this point that couples determine the division of family and work responsibilities.”
As usually happens in such cases, the bill “stumbles” on funding. Paus, from the Green party, proposes that employers pay workers’ wages and can later get the money back from a solidarity fund between employers. The Liberal Party objects to this, fearing new burdens on the economy. Now, it looks like the matter could be settled in… court – and, as the plaintiff’s lawyers say, one thing is certain: If the court decides that the particular father is entitled to compensation, then others will follow.
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