The term paternity leave is admittedly rather misleading. This is because in most cases it refers to parental leave that can be taken after the birth of the child. However, many fathers-to-be are not familiar with the current regulations.
In this article, we summarize what you need to know about paternity leave, how to apply for it and what rights you have. We also look at how the new law from 2024 could revolutionize paternity leave.
Definition of paternity leave: what the term means
Strictly speaking, there is no such thing as paternity leave in Germany. Rather, it is a colloquial term that describes leave immediately after the birth of a baby. It is actually parental leave - not special leave or a leave of absence.
Parents can take a maximum of 36 months parental leave for each child. Mothers and fathers can flexibly divide up who applies for parental leave and when. It is also possible to take parental leave simultaneously or consecutively. Just as it suits the respective family model.
However, 12 months of the leave must be taken in the first three years of the child's life. You can take the remaining 24 months between the third and eighth year of your child's life - i.e. also when your child starts elementary school and needs a lot of support.
During this time, you can receive parental allowance instead of your salary. The exact amount is based on your previous salary. You will receive a minimum of 300 euros and a maximum of 1800 euros per month. You can find more information on this further down in this article.
However, fathers can apply for paternity leave at any time without receiving any money. However, this makes little sense for most families, as there is then no financial compensation.
Enjoying your paternity leave with your baby to the full? Many newborns have problems sleeping after birth. They keep waking up, are restless or complain of stomach pains. If you also have the feeling that your baby has difficulty sleeping, you can place them in the swing2sleep bassinet. There it is gently rocked to sleep and relaxes in its cozy nest.
New law from 2024: paternity leave as special leave?
A revolution in paternity leave was planned for 2024. The government has developed the Family Start Time Act - effectively a law on paternity leave. This was intended to introduce two weeks' paternity leave as special leave. Fathers would have received their regular salary for two weeks after the birth of their child.
This change in the law would have significantly increased the compatibility of family and career and ensured that the second parent could also be there for their family after the birth from 2024 onwards with full pay. It was drafted by Federal Minister for Family Affairs Lisa Paus, as provided for in the coalition agreement.
The planned law is based on an EU directive from 2019, which aims to promote the compatibility of work and family life. EU member states are obliged to provide fathers (or equivalent second parents) with paid paternity leave. This must be at least 10 days. As no such law is yet in force in Germany and the government is therefore in breach of the EU directive, infringement proceedings have already been initiated.
However, paternity leave as special leave is currently on the brink: after the end of the traffic light government, it is unclear whether the law will be passed. The coming months will show whether this new law for fathers will actually come into force in 2024. It may not be passed until next year or, in the worst case, not at all.
While the legal situation for fathers in Germany in 2024 is still unclear, the Maternity Protection Act applies to mothers. 
When can I apply for parental leave with my employer?
All fathers in Germany are entitled to parental leave. Any dad-to-be can apply to their employer for paternity leave. You do not necessarily have to be in a partnership with the child's mother or be married.
If you would like to apply for compensation for your loss of earnings during your paternity leave, you can receive parental allowance for a certain period. You must meet the following criteria:
- You are an employee, whether full-time, part-time or mini-job.
- You do not work during your paternity leave or only work part-time. You must not exceed a certain number of hours per week of 32 hours or 30 hours (if your child was born before September 1, 2021)
- You have an employment contract that was concluded in accordance with German law and/or you work in Germany. However, you do not have to live in Germany.
- You live in a household with your offspring and take care of them yourself.
- It is your biological child or the biological child of your partner. However, you can also apply for paternity leave for your adopted child.
- Self-employed people can also receive parental allowance during their paternity leave. This is calculated based on your profit from the previous calendar year. You must submit your tax return as proof. It is best to seek advice from the parental allowance office.
If you meet the above criteria, you can apply to your employer for paternity leave. You must submit this request in writing to your employer. A deadline of seven weeks before the desired start of parental leave applies.
Applying for parental allowance or paternity leave: this is how it works
As a new father, you apply to your employer for parental leave in the form of an informal letter. The letter must state how long you would like to take parental leave for and when you plan to return to work.
State parental allowance is available to ensure that both parents are financially secure after the birth of a child. This can also be applied for during paternity leave. There are different models:
- Basic parental allowance (you can apply for a maximum of 12 months, minimum 300 euros and maximum 1,800 euros per month)
- Parental allowance plus (you can apply for a total of 28 months including partnership bonus, minimum 150 euros and maximum 900 euros per month)
- Partnership bonus (in combination with Parental Allowance Plus, you could receive an additional four months of money with the so-called partnership bonus)
We explain the differences between the three models in detail in our article Application & calculation of parental allowance Basically, you can combine the different models individually for you and your family.
You apply for parental allowance after the birth of your child using a form at your parental allowance office. You can access the form online. Most parental allowance offices require you to print it out, fill it in and send it by post. In some federal states, however, there are already completely digital procedures.
In addition to the application, you will also need the exact date of delivery and proof of the birth of your child (birth certificate) as well as any proof of employment regarding the amount of your income. You can find all information about parental allowance at in this article.
Legal regulations: Your rights during paternity leave
During your paternity leave, you have special protection against dismissal, which begins around two months before the start of your paternity leave. At the same time, you are still entitled to leave during your parental leave. As a rule, your remaining leave does not expire.
You have the option of extending your paternity leave - for example, if the care of your child is not guaranteed after your parental leave. We recommend that you always stay in contact with your employer during your parental leave. After all, plans can change and open communication is always advisable.
The calculation of your paternity leave pension is also taken into account as child-rearing time. Be careful: If you take care of the child together at times, the mother is automatically assigned parental leave. If you want your time to be counted as well, you must inform the pension insurance company as soon as possible.
Paternity leave and parental leave: guidelines for applying
- Make an appointment with your employer (preferably with the HR department and/or your line manager). Use this appointment to announce your paternity to .
- Prepare for the meeting and think in advance about how long you would like to take paternity leave and when you plan to return to work. The more specific you are, the better the company can plan.
- If there is an experienced HR department in your company, your colleagues may also be able to help you apply for paternity leave. You may not be the first father-to-be to apply for parental leave. Be hopeful in your communication here.
- You should apply for paternity leave at least seven weeks before the expected date of birth (or 13 weeks before the start of your parental leave) if you want to take it after your child's third birthday.
- Get all the information you need about paternity leave and parental allowance. This article will give you good information. By the way: Our Parenting checklist again gives you a good overview of all the forms and applications you should have on hand.
- Fill out the application for parental allowance as far as possible before the due date (because after the birth of your little miracle, your world will turn upside down and forms and applications will become a minor matter).
Have the formalities been sorted out and are you looking forward to the arrival of your baby? You can spend the last few weeks until the birth looking around for a cradle for your baby. Take a look at the spring cradle from swing2sleep: It will help your baby to fall asleep more easily and sleep better through the night.
We wish all fathers a wonderful time.
