Paid day off after delivery: Why a father is suing the visitors gentle authorities for damages | EUROtoday

As of 6:27 p.m | Reading time: 3 minutes

EThe visitors gentle events had really made themselves clear of their coalition settlement. “We will support families if they need time for education and care and want to share employment and care work in partnership,” it says. And then: “We will introduce two weeks of paid leave for partners after the birth of a child.”

The ten-day paid day off has been in impact within the EU since 2019, and Germany ought to have carried out the so-called EU Compatibility Directive into nationwide regulation by August 1, 2022. But as a result of Family Minister Lisa Paus (Greens) is planning her personal invoice for paid paternity go away after delivery along with her “family start time”, Germany requested a postponement right here.

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However, the draft invoice on the household begin time has been on maintain for a yr as a result of disputes over financing. And that’s precisely what could possibly be the downfall of the federal authorities. Because on Wednesday, for the primary time, a father filed a lawsuit for damages towards the Federal Republic of Germany on the Berlin Regional Court.

The man, whose little one was born in the summertime of 2023, had requested two weeks of paternity go away from his employer. But as a result of the EU directive has not but been carried out into German regulation, the applying was rejected; The man was due to this fact compelled to make use of up components of his common trip.

With his declare for damages, he’s now claiming the compensation worth of the holiday used as damages towards the Federal Republic of Germany. In his assertion of declare, the daddy accuses the German state of getting suffered monetary harm as a result of the Compatibility Directive was not carried out in a well timed method. He is represented by the Berlin legal professionals Remo Klinger and Sandra Runge.

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For the legal professionals the matter is evident. “Paternity leave is not a charitable act, but a legal right,” says Klinger. The federal authorities might be chargeable for damages if it doesn’t implement the EU directive that needs to be carried out since 2022. “This should be clear to the finance minister.” Failure to implement the EU directive represents a violation of EU regulation, says lawyer Sandrea Runge.

The incontrovertible fact that the federal government is intentionally accepting EU infringement proceedings and delaying the introduction of the household begin time reveals “in a shocking way how little political will there is to enable families to achieve real compatibility”. A legally assured protected area helps households and particularly moms within the extremely delicate interval after a delivery. “At the same time, it takes into account the desire of many fathers to dedicate themselves to the family and take on care work without financial losses and justification to the employer.”

Traffic gentle dispute over financing

That's really how Family Minister Paus sees it. With the household begin time, she needs to create incentives for fathers to meet their care duties early on throughout the difficult postpartum interval. Single mother and father must also nominate somebody to assist them after the delivery.

“With the right to paid time off immediately after the birth, we specifically support parents in establishing a partnership in the early phase of the family,” says the Family Ministry. “It is often at this point that couples set the key course for the distribution of family and employment responsibilities. We know: The division at the beginning shapes the division of tasks in families.”

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But to this point there’s a downside with the dispute over financing. Paus needs to manage the financing of fathers' day off in the same approach to maternity go away, i.e. utilizing a pay-as-you-go system: employers proceed to pay the wage, however can then have it reimbursed from a solidarity fund supplied by the employers. The FDP, alternatively, is taking a stand right here, fearing new burdens for the economic system. Now the dispute could possibly be determined by courtroom order.

In any case, one factor is for certain for the plaintiff's legal professionals: If the courtroom finds that the daddy is entitled to compensation, it may be assumed that different fathers may even sue for compensation.