Is being a father not a job? Court rejects compensation for lack of paternity leave
A father takes leave after the birth of his child - as many do. But he wants more: two weeks' paid paternity leave, as actually provided for by the EU. When that doesn't work out, he goes to court. And loses. The Berlin Regional Court clearly states: Germany meets the EU requirements - and special paternity leave is not necessary.
The verdict: No compensation for dad, no new regulation in sight. The Federal Republic of Germany can continue to refer to its parental leave regulations - even if they seem more bureaucratic than family-friendly in everyday life.
What had happened?
The plaintiff had taken regular leave after the birth of his child. However, according to the EU directive, fathers are actually entitled to two weeks' paid special leave immediately after the birth. As of today, Germany has not yet implemented this.
His argument: parental leave is no substitute for EU-compliant paternity leave. This is because parental leave can also be taken months later, it is unpaid if you do not apply for parental allowance - and it is formally much more complicated.
The Berlin Regional Court (case no. 26 O 133/24) took a different view: the existing regulations - parental leave plus parental allowance - are sufficient. This means that Germany is within the EU guidelines even without extra paternity leave.
EU requirement vs. German reality: A balancing act on the back of fathers?
The EU directive on work-life balance demands: Two weeks of paid paternity leave after the birth, without bureaucracy and with clear pay. This should promote equality and make it easier for fathers to start family life.
Germany interprets this somewhat... differently: Instead of a specific paternity leave, there is the well-known parental leave - unpaid, bureaucratic and often not even fully usable. Many fathers take a maximum of two months - and even that is "courageous" in some sectors.
The court argues that as long as there are regulations that could fulfill the directive in total, everything is fine. The fact that in many cases the reality is anything but equal or accessible - no problem.
And now? Appeal possible, reform urgently needed
The judgment is not yet final. The father can appeal to the Berlin Court of Appeal - and it remains to be seen whether a higher court will take an equally generous view of the German interpretation of the EU directive.
Regardless of the legal outcome, the political question remains: when will uncomplicated, paid paternity leave finally be introduced? Other countries have long since delivered - Germany is lagging behind.
Recht 24/7 says:
This ruling is not a victory for the family - it is an indictment. The EU says quite clearly: two weeks' paternity leave immediately after the birth, paid, without hurdles. Germany? Responds with: "Why don't you take parental leave?" - and leaves fathers standing in the office.
The state expects modern families - but offers regulations from the day before yesterday. Real paternity leave would be a real game changer: for equality, for bonding with the child, for a partnership of equals.
Germany has a choice: either make improvements soon - or get a slap on the wrist from Brussels at some point. We think so: It's time for real reforms - not just legal excuses.
Do you have questions about paternity leave? Book a consultation now and find out how you can assert your rights!
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