Family start leave isn't coming for now – what employers can do themselves

Published: October 1, 2026
Last updated: 21. October 2026

A child is born, and in many families the second parent is back staring at their desk after just a few days. A few days of holiday, maybe an understanding team, and then work carries on as if nothing had happened. And yet, precisely in these first days, a great deal is anything but nothing.

The Familienstartzeit (family start leave) was meant to change that. The idea: two weeks of paid leave right after the birth, for the second parent, so families can arrive together. Politically, this plan is now on ice. For companies, that's less a reason to wait than an open opportunity. Those who want to be family-friendly can show right here that they mean it.

The key points at a glance

The Familienstartzeit was meant to give the second parent ten working days of paid leave directly after the birth, based on the EU Work-Life Balance Directive of 2019.
Politically, the plan is on ice: it isn't in the current coalition agreement and won't be pursued further for now.
In the private sector, there is therefore still no legal entitlement to paid leave around the birth.
The outcome of the EU infringement proceedings against Germany, pending before the European Court of Justice since 2026, remains open.
Employers can already act now: voluntarily offer paid days around the birth, actively approach the second parent about parental leave, and support both parents equally.

What the Familienstartzeit was meant to provide

The core of the plan was quickly explained. After the birth of a child, the second parent – usually the father or the partner – was to be entitled to ten working days of paid leave. Not as holiday deducted from the annual allowance, but as a separate, paid time off around the birth.

The idea behind it is not new and comes from Europe. The EU Work-Life Balance Directive from 2019 prescribes exactly this kind of ten-day paternity leave and obliges member states to implement it. Germany should have done so by 2 August 2022.

Why there is still no entitlement today

A ministerial draft existed, drawn up in 2023. It was never adopted. The government at the time argued over funding, and the law was left on the shelf. With the change of government, the Familienstartzeit then disappeared from the agenda entirely. It doesn't appear in the current coalition agreement; the current federal government is not pursuing the plan for now.

For employees in the private sector, this means, soberly put: there is still no legal entitlement to paid leave around the birth. It remains a matter of holiday, unpaid leave or the employer's goodwill.

An open point of contention with Brussels

The topic isn't entirely off the table. Because the implementation deadline has long passed, the EU Commission already launched infringement proceedings against Germany in September 2022. Germany invokes exemptions in the directive and points to its existing system of parental leave and parental allowance. Whether that is enough is legally disputed. German courts have so far ruled inconsistently, and in 2026 the Federal Administrative Court referred the question to the European Court of Justice.

For companies, this makes the situation doubly uncomfortable. In the short term there is no legal obligation; in the long term it's open whether an entitlement will come after all, be it through a new law or a ruling from Luxembourg. Those who create their own arrangement now are prepared for both scenarios.

Why the first days decide so much

It would be easy to dismiss the Familienstartzeit as a nice but dispensable extra. Research sees it differently. The first days and weeks as a family are formative, and those who can really be present during this time start into shared parenthood differently.

This has consequences far beyond the moment. When the second parent takes on responsibility from the start, the division of care work and job stays more equal later on too. Fathers who get involved early are more likely to stay actively involved. And early involvement has a measurable effect on the bond with the child: the second parent's sensitivity predicts attachment security to a similar degree as the mother's.

The reality so far often looks different. While mothers claim a good eleven months of parental allowance on average, many fathers take only the two reserved partner months, some no parental leave at all. For many, the first days after the birth are the only moment when the second parent is fully present at all. That makes them all the more significant.

What employers can do now, concretely

As long as politics hesitates, it's up to companies to send a signal here. The good news: it doesn't take a big programme, just a few clear decisions.

Offer paid days around the birth

The most direct step is to do what the law doesn't yet regulate. A few paid days off around the birth, granted voluntarily, cost a manageable amount and take effect immediately. They signal to every expectant parent in the company that family may take priority in this moment. Whether it's five days or ten, whether as a fixed rule or a case-by-case commitment, can be adapted to your own size and sector. What matters is that the commitment exists at all and that it's reliable.

Actively approach the second parent

Many fathers and partners don't ask for parental leave on their own, often out of worry about being seen as less committed. This is exactly where managers can make the difference, by raising the topic themselves. A short conversation that makes parental leave self-evident for the second parent changes the culture more than any glossy brochure. The message behind it: here, it's normal for both parents to take on responsibility.

Support both parents equally

Family-friendliness doesn't end with the person who has the child. Those who support the second parent throughout the whole process – from the announcement through the leave to the return – turn a good intention into a reliable process. That takes away uncertainty on both sides and ensures no one slips through the cracks.

This is exactly where heyGuide helps. The Parents Guide automatically supports expectant parents and their managers through the phases around the birth, with the right information and reminders at the right time, for both parents. That turns the voluntary commitment into a process everyone involved can rely on.

Conclusion: a small step with a big effect

Family-friendliness rarely shows itself in policy papers. It shows itself in moments like this, when a child is here and a company decides whether the second parent has to stay at work or is really allowed to be there. The Familienstartzeit as a law is taking its time. The attitude behind it is something employers can already live today, and it pays off directly in employee retention and employer brand.

Sources: EU Directive 2019/1158 (Work-Life Balance Directive); Federal Ministry for Education, Family Affairs, Senior Citizens, Women and Youth, information on the infringement proceedings; Fathers' Report of the Federal Ministry for Family Affairs.

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