Birth: man wants to be there
The trend of the last decades continues: More and more men want to witness the birth of their child. In special cases, employees can claim special leave, i.e. paid time off from work, for this purpose.
Typical reasons for special leave:
- Birth
- Wedding
- Relocation
- Death of a relative
A possible entitlement to special leave for childbirth is determined by:
- Employment contract
- Company agreement or collective bargaining agreement
How many days of special leave?
Birth is a common reason to grant special leave. From a purely legal point of view, fathers-to-be are also entitled to special leave for childbirth. The legal basis for this is provided by the labor law with section 616. However, it does not state how many days can be taken.
If, on the other hand, no specific provision is made in the written contracts, Section 616 applies. Therefore, discuss with your employer in good time whether and how many days of special leave you will be granted.
Important to know: If the birth falls on a Sunday or public holiday or during your regular vacation, you cannot claim the special leave retroactively. Even with flextime arrangements, you are not entitled to paid time off during core working hours.
The employment contract often contains provisions on special leave. If fathers-to-be would like to take special leave for childbirth, it helps to take a first look at this written agreement. It is also worth talking to the employer or the HR department. As a rule, employees are informed in a straightforward manner about special leave for childbirth.
Special leave according to company agreement or collective bargaining agreement
If no provision regarding special leave has been made in the respective employment contract, reference may be made to an applicable collective agreement or an existing works agreement. This usually specifies the conditions under which special leave is granted and how many days of special leave are granted.
Does man have to be married?
By law, unmarried men are not entitled to special leave for childbirth. Only married men and men in a partnership similar to a marriage registered under the Civil Partnership Act (LPartG) are granted special leave.
Special leave for birth: civil servants and the civil service
Civil servants, judges, and most civil service employees are entitled to one day of special leave for the birth of their own child. Civil servants living in a common-law marriage also receive one day of special leave for the birth of a child born out of wedlock.
