Statutory childcare entitlement: Not an all-round worry-free package

Sit back and wait — the daycare spot is guaranteed? Unfortunately, that’s not how the legal entitlement to childcare works. Formally it makes the search for a suitable daycare place somewhat easier, but in practice it only provides minimal relief: parents still have to take the initiative and arrange a daycare place as early as possible and, if necessary, look for alternative options, such as a more distant daycare center, a childminder, or another private facility.

The legal entitlement therefore mainly regulates the financial aspects: if parents incur higher childcare costs because there is no place in a public nursery or daycare center, the municipality covers these additional costs.

Daycare places provided by the municipality must be accepted

Although every child from the age of one has a right to a childcare place, attendance is not compulsory — the legal entitlement does not change that. Of course, parents can still choose the nursery or daycare that best suits their child and their working hours. However, there is no guarantee they will get a place in that institution. If another suitable childcare place is available in the municipality, parents must use it. If they do not, the entitlement to care lapses.

The most important questions about the legal entitlement to childcare

1. Does the legal entitlement only apply to working parents?

The right to childcare applies to every child living in Germany from their first birthday, regardless of whether the parents are employed.

2. Am I entitled to a place in the nearest daycare center?

No. The legal entitlement only requires that the daycare be within a reasonable distance. A place in the daycare around the corner or in the desired nursery is therefore not guaranteed by the legal entitlement — only early registration, preferably at several institutions, helps here.

3. How many hours of care does the legal entitlement cover?

How many hours a child must be cared for per week at minimum is not specified in the childcare law. At least part-time care must be available, but not only working parents may claim full-time care for their children. In practice, daycare centers usually operate so that working parents are given priority when allocating full-time places — the remaining full-time places are then also open to families in which one parent is at home.

4. How far away from the home can the nursery or daycare be at most?

According to the law, the daily journey to the daycare must be reasonable for parents and children — this can certainly apply to a travel time of half an hour. There are no exact kilometer or time figures — but the accessibility of the daycare and the parents' working hours also determine whether the commute is reasonable or not.

5. How do I sue for a nursery or daycare place?

A prerequisite for legal action is rejections from all available public kindergartens. Only when you can prove in writing that no daycare place is available can you assert your entitlement to care in court. In this case the municipality covers the additional costs for care by a private daycare or a childminder. To speed up the procedure, you should in any case arrange a private childcare option before filing the lawsuit — the costs will, if necessary, be reimbursed retroactively.

6. How much does suing for a daycare place cost?

If you are successful with the daycare-place lawsuit, no costs are incurred. If the lawsuit fails, the parents bear the procedural costs and any attorney fees if they hired a lawyer. This can cost between 500 and over 2000 euros.

7. Can I claim my loss of earnings?

If parents and the municipality have exhausted all possibilities for public or private care and it can be proven that no suitable childcare place is available for a child, parents may in the worst case be forced to put their job on hold or extend parental leave. They can legally claim the loss of earnings as compensation under official liability law.

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