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Germany’s Paternity Leave Dispute Goes to EU Court

The EU court’s answer will decide if Germany must offer paid leave for new fathers.

Overview

  • Germany’s top administrative court paused a case and asked the EU Court of Justice to rule on whether the country must add a paid paternity leave separate from parental leave.
  • The referral centers on Bundeswehr officer Julius Schneider-Marquard, who was refused ten days after his child’s birth and now seeks nine days of retroactive special leave.
  • An EU directive from 2019 sets a minimum of ten days of leave for fathers around a birth, which Germany has not turned into a stand-alone paid benefit.
  • The Federal Family Ministry says parental leave and the Elterngeld allowance already meet the EU rules, so no extra leave is needed.
  • A ruling from Luxembourg could push lawmakers and employers to change leave policies, shaping whether fathers can be home right after birth without losing pay.