What’s the current situation?
Since 2013, children from age one through age three have had a legal right to a spot in a childcare facility. We have advocated strongly for this legal right. However, there is still a significant shortage of spots. The lack of childcare options and inflexible availability severely limits parents’ job opportunities.
Who has a legal right? And to what?
The child has a legal right to a spot. Therefore, the parents must assert this right on behalf of their child. Children older than three years of age are also entitled to a spot, but only in a kindergarten (Article 24(3) of SGB VIII). Younger children have a legal right to a spot in a daycare center (Kita) or family daycare (childcare provider) (Article 24(2) of SGB VIII). Another difference is that children are entitled to a full-day spot upon reaching the age of three.
What scope of care does the law provide for?
The scope is determined by “individual needs.” As a rule, this means at least four hours a day, five days a week. However, longer care hours may be necessary on a case-by-case basis—for example, because parents work longer hours or children have greater special needs. The legal entitlement to a childcare spot does not expire if the municipality offers a service that does not meet the needs of the children and parents. With regard to the distance from the place of residence, the following applies: Generally, a distance of 30 minutes is considered reasonable. However, each specific case must be examined individually.
What should you keep in mind when applying?
Parents have the right to choose the type and educational approach of the facility. Parents should therefore research their options thoroughly in advance and, if applicable, note their preferences on the application. The specific process for applying for a spot varies from municipality to municipality. Some have their own online portals for applications, while in others, parents must submit applications directly to the facilities. It is therefore important to gather information and seek advice in advance.
Checklist for the Application
- We recommend documenting the application process so that this evidence can be presented in court later. (Printouts, screenshots)
- Anyone who wishes to exercise their right (Article 5(1); Section 9 of SGB VIII) to care based on different educational approaches should note this on the application.
- Submit the application early and take state-specific requirements into account. (In Berlin, for example, registration must take place between two and nine months before the desired start date of care; in Bremen, a three-month application deadline must be observed).
- In addition, the time period during which childcare is to be utilized should be specified.
Are there fixed deadlines?
The specific procedures and application deadlines are not regulated by law. The timeframes for when applications must be submitted vary greatly among the different federal states.
No Confirmation of a Child Care Spot—What Can I Do Now?
Local governments are legally obligated to provide a spot and to create the necessary capacity. This applies even in light of the current shortage of qualified staff. Sometimes, even a written threat of legal action can lead to an offer of a spot. If a spot is offered that does not meet the requirements specified in the application (educational approach, commute, hours of care), an appeal can be filed.
What are so-called secondary claims?
If parents incur costs because they were not provided with a spot—during the requested time period—they can assert so-called secondary claims. This is possible if they lose income because they are unable to work as much or at all as a result. If parents have secured a spot in a private facility whose costs the municipality does not normally cover in full, they can sue to recover the incurred costs on behalf of their child. According to a 2016 ruling by the Federal Court of Justice, parents can assert secondary claims based on a breach of official duty, even though the child is the one with the actual legal entitlement. The number of successful lawsuits has risen significantly since then.
What should parents keep in mind when organizing childcare on their own?
In that case, the legal entitlement applies only to trained professionals. For example, costs for an au pair are therefore not covered.
What about the quality of care in childcare facilities?
A fundamental problem—and one that limits all efforts to improve quality—is that there are not enough qualified professionals. A study commissioned by the Federal Ministry for Family Affairs found that 372,000 additional qualified professionals will be needed by 2025 and 484,000 by 2030. The ministry therefore plans to launch a recruitment initiative that—in addition to the Good Daycare Act—will invest funds to make the profession more attractive.
What does the new “Good Daycare Act” offer?
Better and more affordable daycare centers—that’s what the federal government aims to ensure with the“Good Daycare Act.”Among other things, it provides for free daycare for low-income families, more qualified educators, good staff-to-child ratios, and a diverse range of educational programs. The federal states will receive temporary funding from the federal government for the “Good Daycare Act.”
What is IG Metall calling for?
Enabling a balance between work and private life is a central concern for IG Metall. We are therefore putting pressure on policymakers to finally attract more qualified staff to childcare centers. To achieve this, working conditions in the profession must improve; the appeal of entering the field must increase. We are also advocating for the standardization of the allocation systems for childcare spots in municipalities. This would lead to greater transparency for parents.
What can works councils do?
In many companies, IG Metall works council members have secured benefits for parents. These include company-run childcare facilities, reserved spots at other facilities, and vacation programs for children. Check with your works council for more information.
For members: Daycare Spot Checklist – Exercising and Enforcing Your Legal Rights (PDF, 6 pages)
