17.01.2020 Gabriele Strasser 18639

childcare center-Legal claim: Compensation possible

Since 2013, parents have been entitled to a childcare place in a crèche or daycare center for children from their first birthday. More and more parents are filing complaints if the entitlement is not met. From 2025, there will also be a legal entitlement to all-day care for schoolchildren.

The search for suitable childcare can be challenging. There is currently a shortage of over 300,000 childcare places nationwide. Many employers face a real challenge when mothers and fathers have to extend their parental leave due to a lack of childcare places. In such cases, parents can sue for their legal entitlement. The number of parents taking this route is growing. 

This is based on a ruling by the Federal Court of Justice from 2016: if the local authority can be held responsible for a missing or delayed childcare place, parents are entitled to compensation from the public youth welfare organization. The ruling was prompted by the case of three mothers from Leipzig who had to look after their children at home and were therefore unable to return to work until later. They sued for reimbursement of their loss of earnings in the amount of 15,000 euros. The Federal Court of Justice upheld the claims (Federal Court of Justice, ruling of 20.10.2016 - III ZR 278/15, III ZR 302/15 and III ZR 303/15).

Early registration even if you plan to change your place of residence 

Registering as early as possible is one of the recipes for success when looking for a childcare place. What do you do if you don't yet live in the place where you will actually need childcare, for example if you are planning to move? Most local authorities only accept applications from parents who already live there. There was recently an interesting court ruling in this regard: 

In April 2019, a family applied to the city of Marl for a daycare place for their three-year-old child, but they were still living in Bottrop at the time. The city saw this as an obstacle. The Gelsenkirchen Administrative Court ruled in favor of the family and obliged the city of Marl to provide the child with a daycare place. The legal entitlement to childcare could not lapse because the parents were still living in another town at the time of the application, according to the judges (case reference 10 L 1080/19).

Reliable childcare for primary school children 

What already applies to children under the age of three or six will also apply to primary school children from 2025. This is because children and parents need reliable childcare, especially after school, which often ends at lunchtime. In some federal states, such as Brandenburg, Hamburg, Saxony-Anhalt and Thuringia, there is already a legal entitlement to all-day care. In their coalition agreement, the governing parties have agreed to introduce a nationwide legal entitlement to all-day care for primary school children by 2025.

What parenting consultant Christian Keller says
 

"I can only recommend that parents apply for a childcare center place as early as possible. It makes sense to apply at least six to nine months in advance. Firstly, you then have a better chance of getting a place at your preferred facility around the corner. And secondly, there is enough time to make arrangements to be able to file a lawsuit later with a chance of success.

We advise the employees of our client companies on their legal entitlement as well as on the specific offer and registration modalities on site and support parents in their search for a suitable childcare center, daycare or other private childcare solution."

Christian Keller, Product Manager for Parental Counseling at pme Familienservice

The pme parent counseling service supports you

Do you have questions about pregnancy and maternity protection? About parenting, childcare and school? The staff from the parental advice service are happy to help employees of pme contract companies.

About the pme Familienservice

On behalf of more than 900 employers, the pme Familienservice Group supports employees in achieving a successful work-life balance and being able to work with a clear head.