Frankfurt am Main – IG Metall is currently supporting several fathers who are suing the Federal Republic of Germany. The fathers want to dispute to be adequately compensated for for the vacation they have taken in the first few weeks after the birth of their children. They rely on their complaints on the lack of implementation of Directive 2019/1158 of the European Union (compatibility directive) by the Federal Republic of Germany. In accordance with the compatibility directive, the member states must introduce an exemption claim of at least ten days on the occasion of the birth of a child for the father or the second parent recognized under national law. In order for all fathers to be able to afford this exemption, it must also be remunerated. Such an exemption on the occasion of the birth of a child has not yet been introduced in Germany.
In a current decision by the Berlin Regional Court, two of these lawsuits were rejected. IG Metall continues to support the fathers who want to go to the next instance.
The majority of the EU member states grant fathers in accordance with the compatibility directive on the occasion of the birth. Germany is one of the few EU member states that have so far not given the second parent to the second parent on the occasion of the birth.
IG Metall is committed to ensuring that there should be an exemption phase for the second parent in close context to birth. Parental leave and parental allowance cannot replace this special exemption claim because they do not have to be used in connection with the birth and also do not enable a separate, compensated exemption of ten days. The special exemption on the occasion of the birth relieves the mother to the phase that is important for her physical and mental health after birth and promotes the bond between child and both parents in particular. An early division of partnership therefore has a high emotional and health value for parents and children. It also promotes a fair division of care work in the later phases of life of the child.
Care or care work is still made to large proportions of women- with corona apandemy, this has further strengthened. This not only harbors a greater time and physical strain for women, but also exacerates the so-called part-time trap, i.e. the involuntary, reduced employment of women. It is associated with considerable financial losses in the entire employment biography of women and a major cause of the gender pay gaps, the wage gap between men and women. It has been scientifically proven that the phase is crucial for the entire work biography after the birth of the first child.
The coalition agreement provides for a reform of the parental allowance in order to promote a stronger participation of the second parent, mostly the fathers, and thus a fair distribution of care and gainful employment, especially with regard to the birth of the child. From the point of view of IG Metall, this objective can be achieved by introducing the exemption of the second parent on the occasion of the birth of the child. The Federal Government must implement the compatibility directive entirely and introduce this exemption.