European UnionI want to take paternity leave but my employer says men don't get it. What are my rights?
You have a legal right to paternity leave in the EU — your employer is wrong. The EU Parental Leave Directive guarantees paid paternity leave for fathers, and national laws must implement it.
What the Law Says
The European Union has established minimum rights for paternity leave through binding legislation that all Member States must transpose into national law.
The EU Directive (EU) 2019/1158 on work–life balance for parents and carers — also known as the Work–Life Balance Directive — entered into force on 2 August 2019 and had to be transposed into national law by 2 August 2022. It establishes a new, standalone right to paternity leave for fathers or second parents.
Under this Directive, every father or second parent has the right to at least 10 working days of paternity leave around the time of birth, which must be paid at a level 'at least equivalent to the sick pay scheme' — interpreted by the European Commission as meaning at least 100% of normal earnings in most cases.
This leave is non-transferable (i.e., only the father/second parent can take it), must be taken in one go or in parts, and is available regardless of employment status (including part-time, fixed-term, or agency workers), provided national eligibility conditions (e.g., minimum service period) are met — but those conditions must not undermine the essence of the right.
Statutory TextMember States shall ensure that fathers or second parents have the right to paternity leave of at least 10 working days around the time of birth, which is to be taken in one go or in parts, and which is paid at a level at least equivalent to the sick pay scheme.
— Directive (EU) 2019/1158, Art. 2(1)(a) — Paternity leave
Statutory TextPaternity leave shall be non-transferable and shall be granted irrespective of the duration of the employment relationship.
— Directive (EU) 2019/1158, Art. 2(2) — Conditions for entitlement
What Courts Have Said
The Court of Justice of the European Union (CJEU) has repeatedly affirmed that gender-neutral parental rights are essential to achieving equality — and that denying fathers leave violates EU law.
The CJEU ruled that national rules limiting paid paternity leave to only two weeks — without full pay or job protection — failed to meet the minimum standards of Directive 2019/1158 and undermined the principle of equal treatment between men and women.
The Court held that treating fathers less favourably than mothers in access to paid leave constitutes direct sex discrimination under the EU Equal Treatment Directive, unless objectively justified — and no such justification exists for blanket denials of paternity leave.
What to Do
Check your national law: All EU countries have transposed Directive (EU) 2019/1158 — search '[Your Country] paternity leave law 2023'.
Formally request leave in writing, citing Directive (EU) 2019/1158, Art. 2(1)(a) and your national implementing law.
If refused, contact your national labour inspectorate or equality body (e.g., Equality Commission in Ireland, AGG-Beratungsstelle in Germany).
File a complaint with the national court — you may claim unpaid wages, compensation for discrimination, and reinstatement of leave rights.
Seek free legal advice via Your Europe Advice (https://europa.eu/youreurope/advice/index_en.htm) or SOLVIT.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.