The term paternity leave is admittedly quite misleading. In most cases, it refers to parental leave that can be taken after the birth of a child. However, many expectant fathers are not familiar with the current regulations.
In this post, we summarize what you need to consider regarding paternity leave, how to apply for it, and what rights you have. At the same time, we also discuss 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. It is rather a colloquial term describing the leave taken immediately after the birth of a baby. In reality, it is parental leave – not special leave or a release from work.
For each child, parents can take a maximum of 36 months of parental leave. Mothers and fathers can flexibly divide between themselves who applies for parental leave at what time. It is also possible to go on parental leave simultaneously or consecutively. Just as it fits the respective family model.
However, 12 months of the release must fall within the first three years of the child's life. The remaining 24 months can be taken between the third and eighth year of your child's life – even when the little one starts primary school and needs extra support.
During this time, you can receive the so-called parental allowance (Elterngeld) instead of your salary. The exact amount is based on your previous salary. You receive at least 300 euros and a maximum of 1800 euros per month. You can find more information on this further down in this article.
Fathers can, however, apply for paternity leave at any time without receiving money. But this makes little sense for most families, as there is then no financial compensation.
Are you enjoying your paternity leave with your baby to the fullest? Many newborns have trouble sleeping after birth. They wake up repeatedly, are restless, or complain of tummy aches. If you also feel that your baby has difficulty sleeping, you can place them in the automatic baby hammock from swing2sleep. There, they will be gently rocked to sleep and relax in their cozy nest.
New law from 2024: Paternity leave as special leave?
A revolution in paternity leave was planned for the year 2024. The government developed the Family Start Time Act – essentially a law on paternity leave. This was intended to introduce a two-week paternity leave as special leave. Fathers would have received their regular wages 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 at full pay after the birth from 2024. It was drafted by Federal Family Minister Lisa Paus, as provided for in the coalition agreement.
The planned law is based on an EU directive from 2019 aimed at promoting work-life balance. EU member states are obliged to enable fathers (or equivalent second parents) to take paid paternity leave. This must be at least 10 days. Since no such law yet applies in Germany and the government is thus violating 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 coalition 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 2024 in Germany 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. Every expectant dad can submit an application for paternity leave to their employer. You do not necessarily have to be in a partnership or married to the child's mother.
If you want to apply for compensation for your loss of earnings during your paternity leave, you can receive parental allowance for a certain period. To do this, you must meet the following criteria:
- You are an employee, regardless of whether full-time, part-time, or a mini-job.
- You do not work during your paternity leave or only work part-time. You must not exceed a certain number of weekly hours of 32 hours or 30 hours (if your child was born before September 1, 2021).
- You have an employment contract concluded under German law and/or you work in Germany. However, you do not have to live in Germany.
- You live in the same household as your offspring and take care of them yourself.
- It is your biological child or the biological child of your partner. You can also apply for paternity leave for your adopted child.
- Self-employed individuals 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 here.
If the above criteria apply to you, then you can apply for paternity leave with your employer. You must submit this application 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: How it works
As a new father, you apply for parental leave with your employer in the form of an informal letter. The letter must state how long you wish to go on parental leave and when you plan to return to work.
To ensure that both parents are financially secure in the period after the birth of a child, there is the state parental allowance. This can also be applied for during paternity leave. There are different models:
- Basic parental allowance (can be applied for a maximum of 12 months, at least 300 euros and a maximum of 1,800 euros per month)
- Parental Allowance Plus (can be applied for a total of 28 months including the partnership bonus, at least 150 euros and a maximum of 900 euros per month)
- Partnership bonus (in combination with Parental Allowance Plus, you could receive money for a further four months 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 yourself and your family.
You apply for parental allowance after the birth of your child using a form from your parental allowance office. The form can be accessed online. At most parental allowance offices, you have 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 as well as proof of the birth of your child (birth certificate) and any employment records regarding the amount of your income. All information on the subject of parental allowance can be found in this article.
Legal regulations: Your rights during paternity leave
During your paternity leave, you have special protection against dismissal, which begins about two months before the start of your paternity leave. At the same time, you continue to have holiday entitlement during parental leave. Your remaining holiday usually does not expire.
You have the option to extend your paternity leave – for example, if childcare for your child is not secured after your parental leave. We recommend that you always stay in contact with your employer even during your parental leave. Plans can change and open communication is recommended in any case.
The calculation of your pension during your paternity leave is also taken into account as child-rearing time. Note: If you both take care of the child at the same time, the rearing time is automatically assigned to the mother. If your time is also to be counted, you must inform the pension insurance as early as possible.
Paternity leave and parental leave: Guide for applying
- Make an appointment with your employer (ideally with the HR department and/or your supervisor). Use this appointment to announce your paternity.
- Prepare for the meeting and think in advance about how long you want to take paternity leave and when you plan to return. The more specific you are, the better the company can plan.
- If there is an experienced HR department in your company, colleagues may also be able to provide assistance with applying for paternity leave. Perhaps you are not the first expectant father who wants to apply for parental leave. Be open in your communication here.
- Submit your paternity leave at least seven weeks before the calculated due date (or 13 weeks before the start of your parental leave) if you wish to take it after your little one's third birthday.
- Get all the necessary information on the subject of paternity leave and parental allowance. This article provides good insights. By the way: Our Parent Checklist in turn gives you a good overview of all the forms and applications you should have on your radar.
- Fill out the application for parental allowance as much as possible before the birth date (because after the birth of your little miracle, your world will be turned upside down, and forms and applications will become secondary).
The formalities are settled and you are looking forward to the arrival of your baby? You can spend the last few weeks before the birth looking for a hammock for your baby. Feel free to take a look at the automatic baby hammock from swing2sleep: It helps your baby find sleep more easily and sleep through better.
We wish all fathers a wonderful time.
