Paternity Leave 2024

Paternity Leave Regulation 2024

Starting in 2024, Germany is set to undergo fundamental changes in the area of paternity leave. The European Union has adopted a directive providing for paid leave for fathers or equivalent parents following the birth of a child. This paternity leave is set to last two weeks, representing a significant step towards a better work-life balance for parents.

Background of the EU Directive

The EU directive aims to promote gender equality and improve the work-family balance. Specifically, paternity leave is intended to strengthen fathers' involvement in the care and education of their children. The existing regulation in Germany required fathers to take leave or parental leave after childbirth, often resulting in financial losses. The new directive aims to remove these barriers and introduce paid paternity leave.

Contents of the New Regulation

According to the EU directive, fathers or equivalent parents are entitled to a two-week paid leave following the birth of a child starting in 2024. This entitlement should apply regardless of the employee's previous length of service or affiliation with the company. Additionally, it is emphasized that paternity leave should be granted irrespective of the marital or family status of the employee, contributing to a fairer and more inclusive regulation.

Implementation in Germany

While the EU directive sets the framework for the introduction of paid paternity leave, the concrete implementation is in the hands of national legislators. In Germany, this implementation has so far only been outlined in the coalition agreement and has not yet been put into action. Family Minister Lisa Paus (Green Party) stated that the challenging economic situation, especially for small and medium-sized enterprises, hinders implementation this year. However, she provided a positive outlook that paid leave for the second parent after childbirth would be introduced in Germany from 2024. This regulation is expected to be anchored in the Maternity Protection Act.

How to Apply for Paternity Leave

Currently, paternity leave must still be applied for as parental leave since the planned law has not yet come into effect.

• The application must be submitted 7 weeks before the start date, based on the calculated due date of the child. The actual due date does not affect the compliance with the deadline.
• The Federal Labor Court stipulates that the application must be submitted in the form of a handwritten, signed letter.

This application must thus include the start date (which may shift with the birth), the general duration, and the distribution of parental leave for the next 24 months. These dates are binding.

As long as the application is submitted on time and in the correct form, it generally cannot be rejected by the employer and does not necessarily require the employer's approval, except regarding changes to the already agreed-upon parental leave data.

Paternity Leave as Special Leave

As of the current situation, the upcoming paternity leave in 2024 is considered special leave. This means it has no impact on the legally entitled and contractually agreed-upon vacation days.

For special leave to be applied for and approved, a corresponding vacation request must precede it. However, the duration of this special leave is often decided on a case-by-case basis, typically ranging from one to three days.

Job Protection during Paternity Leave

Submitting a parental leave application according to § 18 BEEG simultaneously triggers job protection. This protection comes into effect eight or fourteen weeks before the planned start of parental leave. During this period, terminations are only permitted in exceptional cases.

Paternity Leave and Parental Allowance

While paternity leave is not directly related to parental allowance, the same requirements of parental leave must be met to receive parental allowance. Additionally, the place of residence must be in Germany.

In Germany, there are variations of parental allowance aimed at financially supporting parents after the birth of a child. The two main variations are Basic Parental Allowance and Parental Allowance Plus. There is also the option of the so-called Partnership Bonus Months, which parents can additionally claim if both partners work part-time.

Basic Parental Allowance: Replacing a portion of lost income after the birth of the child, Basic Parental Allowance typically amounts to 65-67% of the average monthly net income before birth, with a minimum of 300 euros and a maximum of 1,800 euros per month. Parents can receive Basic Parental Allowance for up to 14 months, which can be divided between both parents, with a minimum of two months reserved for each partner.

Parental Allowance Plus: Offering more flexibility, especially for parents who want to work part-time, Parental Allowance Plus can be used for up to 28 months instead of the full duration of Basic Parental Allowance. Parents who choose Parental Allowance Plus receive half of the monthly Basic Parental Allowance but have the option to receive this money over a more extended period.

Conclusion

Paternity leave plays a crucial role in promoting gender equality and family-friendliness. Modern fathers should take advantage of the opportunity to spend this essential time with their children, and companies should create a supportive culture to maximize the positive impact of paternity leave.