Paternity leave

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A paternity leave is a leave from work due to paternity . Paternity leave is usually a paid leave of absence, similar to maternity leave , which can only be taken within a specified time after the birth of a child, otherwise the entitlement is forfeited. In some states it is provided that in exceptional cases such as death, hospitalization of the mother, abandonment of the child or the exclusive entrustment of the child to the father, maternity leave can be converted into paternity leave.

In addition to the paternity leave in many countries is a paternity leave , as well as exemption of the father in a child's illness ( care leave provided), but also other forms of temporary career break or reduction for family care regardless of the age of the children.

Regulations in Europe

Demonstration for paternity leave in the European Parliament
  • The Arbeidsovereenkomst applies in Belgium . There is compulsory paternity leave of three days with 100% wages paid by the employer. Employees who have been employed for at least 12 months in the last 15 months are entitled to seven additional days of paternity leave within the first 30 days after the birth, paid for by the health insurance at 82%. If the mother dies or falls seriously ill, the unused maternity leave can be taken by the father and is paid at 60% of the wages.
  • In Denmark , paternity leave of two weeks is granted to fathers who have worked for at least 120 hours in the previous 13 weeks or are self-employed, registered as unemployed or in vocational training. It must be used during the 14-week maternity leave. There is also an entitlement to parental leave, which can be shared between the parents.
  • In Germany there is no statutory right to paternity leave. Since January 1, 2001, both parents have been able to take parental leave together either completely or temporarily , until then it was only possible to alternate parents. According to Section 21 of the Special Leave Ordinance, civil servants in Germany are entitled to one working day of special leave in the event of the birth of a wife or partner.
  • In France , in addition to parental leave, fathers are entitled to 11 days of leave within the first 4 months after the birth, which is paid in the amount of the French maternity allowance.
  • In Great Britain there is a right to two weeks of paternity leave, paid for all fathers in the same amount (2007: 154 euros). In addition, there is an individual entitlement to 13 weeks of unpaid parental leave for each parent.
  • Italy - In South Tyrol , in the German-speaking part of Italy, in the case of conversion from maternity leave to paternity leave, one speaks of "exemption due to paternity".
  • In Austria (as of 2009) there is no statutory entitlement to paternity leave; fathers and mothers can share the waiting period. A paternity protection month ("Papa Month") was repeatedly requested as early leave with a corresponding amendment to the Fathers Parental Leave Act and the Child Care Allowance Act. This has been in the federal service since January 1, 2011, and from June 2011 also in Vienna.
  • In Sweden , in addition to parental leave, fathers have the right to 10 days off within the first 3 months after the birth, with a wage replacement of 80%.
  • The Switzerland also knows no statutory right to time off for fathers. However, individual employers and the public administration of individual cantons provide for paternity leave. In Switzerland, paternity leave is provided for in various civil service regulations and collective agreements, for example in the cantons of Zurich and Bern. The federal employees are entitled to 10 vacation days for children born since January 1, 2014. A popular initiative that came about on August 2, 2017 (Eidgenössische Volksinitiative 'For sensible paternity leave - for the benefit of the whole family') wanted to propose to voters that a statutory right to paternity leave of at least four weeks should be introduced at federal level. After Parliament voted in favor of two weeks' paternity leave, the initiative was withdrawn. The initiators now want to enforce longer parental leave.
  • In Spain you are entitled to 13 days of paternity leave, from the second child to 15 days. The paternity leave can also be taken for half a day and then exists for twice the duration. From January 1, 2009, fathers have been entitled to a 20-day leave of absence from the third child or in the case of a disabled child. Paternity leave was introduced in March 2007 by the socialist government under the so-called equality law. On December 9, 2008, the Congress of Representatives unanimously passed an agreement that is intended to prepare an extension of the legal entitlement to four weeks.
  • The United States of America is (as of 2019) the only western industrialized country in which there is no statutory paternity or maternity leave. Every fourth mother returns to work within ten days of giving birth; in 2016, most companies only granted two weeks of maternity leave. Only large companies are required by the Family and Medical Leave Act (FMLA) to give mothers and fathers time off to care for children. However, if an employer allows mothers time off, it must also allow fathers to do so.

European Union

  • The Directive 2010/18 / EU (parental leave directive) for mothers and fathers an individual right to parental leave of at least four months in the case of birth or adoption firmly. This directive will be replaced by Directive (EU) 2019/1158, which is to be implemented in national law by August 2, 2022 and provides for paternity leave of at least 10 days, which is to be paid at least in the amount of sick pay.
  • After the reform of their statutes, officials of the EU Commission have been entitled to 20 weeks of maternity leave or 10 days of paternity leave, in each case without loss of salary, as well as an individual right to six months of parental leave with payment of a monthly allowance.

See also

Individual evidence

  1. Rebecca Ray: A Detailed Look at Parental Leave Policies in 21 OECD Countries. (PDF) Center for Economic and Policy Research, September 2008, accessed April 26, 2019 .
  2. Rebecca Ray: A Detailed Look at Parental Leave Policies in 21 OECD Countries. (PDF) Center for Economic and Policy Research, September 2008, p. 9 , accessed on April 26, 2019 .
  3. Anneli Rüling, Karsten Kassner: Family Policy from the Equal Opportunity Perspective. A European comparison . Ed .: Friedrich-Ebert-Stiftung, Forum Politics and Society. Berlin 2007, p. 96 ( pdf [accessed April 26, 2019]).
  4. ^ Draft of a law to change the term "parental leave". In: Drucksache 14/4133. German Bundestag, September 26, 2000, accessed April 26, 2019 . (PDF; 89 kB)
  5. Anneli Rüling, Karsten Kassner: Family Policy from the Equal Opportunity Perspective. A European comparison . Ed .: Friedrich-Ebert-Stiftung, Forum Politics and Society. Berlin 2007, p. 97 ( pdf [accessed April 26, 2019]).
  6. Anneli Rüling, Karsten Kassner: Family Policy from the Equal Opportunity Perspective. A European comparison . Ed .: Friedrich-Ebert-Stiftung, Forum Politics and Society. Berlin 2007, p. 98 ( pdf [accessed April 26, 2019]).
  7. Family: Parental Protection ( Memento from May 6, 2006 in the web archive archive.today ) sgb-cisl.it
  8. Application 575 / A (XXII. GP): Father's Protection Month (amendment of the Father Parental Leave Act and the Child Care Allowance Act) . In: parlament.gv.at. Retrieved April 26, 2019
  9. Half-half is hip. In: Der Standard from June 28, 2011. Accessed on April 26, 2019
  10. Anneli Rüling, Karsten Kassner: Family Policy from the Equal Opportunity Perspective. A European comparison . Ed .: Friedrich-Ebert-Stiftung, Forum Politics and Society. Berlin 2007, p. 99 ( pdf [accessed April 26, 2019]).
  11. Paternity leave , on ch.ch
  12. Paternity leave from 0 days to 4 weeks ( Memento from December 25, 2007 in the Internet Archive ) In: blick.ch from January 19, 2007. Retrieved on April 26, 2019
  13. Rita Torcasso: Dad has long been ready for a vacation . In: observer.ch of June 15, 2007. Accessed on April 26, 2019.
  14. Motion Jutzet paternity leave ( Memento from August 19, 2014 in the Internet Archive ) In: parlament.ch, official bulletin - The minutes of the National Council and the Council of States, National Council - Spring session 1999 - Fourth session - 3 March 1999, 3 p.m., 98.3043. Retrieved April 26, 2019.
  15. ^ Federal popular initiative 'For sensible paternity leave - for the benefit of the whole family' . In: bk. admin.ch , Swiss Federal Chancellery. Retrieved April 26, 2019.
  16. Initiative for four weeks of paternity leave is withdrawn. In: nzz.ch . October 2, 2019, accessed October 2, 2019 .
  17. Paternity leave is to be extended to four weeks. In: wochenblatt.es of December 20, 2008, accessed on April 26, 2019 .
  18. Canarian fathers take paternity leave. ( Memento from October 14, 2008 in the Internet Archive ) In: kanarenexpress.com from October 13, 2008. (pdf; 1.4 MB)
  19. Carrie Kerpen: Paid Family Leave Isn't A Women's Issue; It's A Workplace Issue. In: www.forbes.com. May 7, 2019, accessed May 30, 2019 .
  20. Yuki Noguchi: A Dad Wins Fight To Increase Parental Leave For Men At JPMorgan Chase. In: NPR. May 30, 2019, accessed May 30, 2019 .
  21. Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019 on the work-life balance for parents and caregivers and on the repeal of Directive 2010/18 / EU of the Council. In: Official Journal of the European Union. L 188/79. July 12, 2019, accessed November 16, 2019 .
  22. Career, salary and social benefits. European Commission, accessed May 10, 2010 .