Maternity Protection

After the initial joy of discovering your pregnancy, many women quickly feel overwhelmed by the bureaucratic jungle: When should I inform my employer about the news? How long am I allowed to work before the birth? And what if my job is physically incompatible with my pregnancy? The legislator provides answers to all these questions in the so-called Maternity Protection Act (MuSchG).

In this article, we have summarized the most important regulations of the Maternity Protection Act for you. You will learn not only what rights you as an employee have before and after the birth, but also where you can turn with your questions about maternity protection. After reading, you will hopefully realize that all of this is actually not so complicated. After all, the law primarily aims to protect your health as a pregnant woman or mother, and of course, that of your baby as well.

Does the Maternity Protection Act also apply to me?

Maternity protection applies in Germany to all pregnant and breastfeeding employees – regardless of the type of employment relationship, marital status, or nationality. So you also benefit from maternity protection if you are in Part-time are working or are engaged in a minor employment, just a Training or do an internship in preparation for one or a Federal Volunteer Service you graduate. If you work as a woman with a disability in a protected workplace, the regulations also apply. The provisions for Civil Servants are specified elsewhere, in the Maternity Protection and Parental Leave Regulation, but are largely identical to the Maternity Protection Act.

Limited benefits Students and Students from Maternity Protection. The law also applies in part to developmental aid workers, women working from home, and women who are considered to be in an employee-like position due to economic dependence (these are women who depend on a client for their self-employment). If you are in a fixed-term employment relationship, maternity protection only applies during the period when the employment relationship actually exists. It also ends in the case of pregnancy, after childbirth, or during breastfeeding as contractually agreed. Unfortunately, the law does not protect you as a housewife, self-employed person, or adoptive mother.

When should I inform my employer about the pregnancy?

Only when your employer is informed of your pregnancy do the protective provisions regulated by the Maternity Protection Act (MuSchG) come into effect. Therefore, it makes sense to, Inform your employer as early as possible By the way: He is not allowed to share the news of your pregnancy with third parties – for example, colleagues. The exception is the government occupational health and safety offices and trade supervisory authorities, to which the pregnancy must be reported. If your employer requests a medical certificate Your pregnancy, you are required to present such a document. If costs arise for this, your employer must cover them.

What rights does the Maternity Protection Act grant me?

The most important point regulated by the Maternity Protection Act concerns certainly the protection against dismissal, which applies to pregnant women as well as to the first four months after childbirth. Below, we present to you the provisions of the MuSchG on this and other relevant topics:

Protection against dismissal

Your employer may not dismiss you during your pregnancy. This protection against dismissal applies from the moment the employer is informed of the pregnancy until the end of the first four months after the birth. The same applies in the event of a miscarriage.

If your employer terminates your employment before you have informed them of your pregnancy, you have two weeks to catch up. The protection against dismissal applies even if you do not yet know at the time of termination that you are pregnant.

In a few cases Exceptional cases May your employer terminate your employment despite your pregnancy? This includes, among other things, the company's insolvency or gross breaches of duty on your part. However, such terminations must always be reviewed and approved by the competent supervisory authority.

Protection periods

Six weeks before the and eight weeks after birth, a special protection period applies. Before the estimated due date, you may still work if this is your explicit wish and you inform your employer in writing. After birth, however, an explicit employment ban applies. Exceptions are made solely for female students and pupils. In any case, it applies: an employer may never require you to waive your maternity protection!

If your baby is born earlier than expected, the maternity protection period is extended by the corresponding number of days that it was born before the due date. In the case of a Preterm birth (also before the completion of the 37th week of pregnancy), at Multiple births or the Birth of a baby with disability The protection period is extended to 12 weeks after birth. In the latter case, you must apply for the extension with your health insurance company.

If you a Stillbirth you should suffer, you may – if you wish – return from maternity leave earlier. You can undo this decision at any time. A stillbirth is when the baby weighs at least 500 grams and has died in the womb or during birth. In the case of a Miscarriage (that is, the premature termination of pregnancy before the 24th week of pregnancy, with the baby's birth weight being less than 500 grams) maternity protection already ends with the end of pregnancy. However, extended protection against dismissal still applies: In the four months after a miscarriage, your employer may not give you a regular notice of termination. If the miscarriage represents a particular psychological or physical burden for you, due to which you are unable to work, the usual regulations for continued payment of wages in case of illness apply.

Special precautions in the workplace

The Maternity Protection Act requires your employer to accommodate your workplace to your specific needs as a pregnant woman. This means that you must not perform activities that could endanger your health or that of your baby. For example, if you have to stand a lot at work, a sitting and resting option should be provided for you. Handling toxic fumes or hazardous substances is completely prohibited for pregnant women. If your workplace cannot be reconciled with your pregnancy, your employer can also transfer you to another position within the company that is, for example, less physically demanding. In this case, you are still entitled to your usual salary, even if the new position is actually lower-paid.

Prohibition of employment

In case of complications during your pregnancy or if you or your baby are exposed to health risks at your workplace, your gynecologist can issue a medical work ban. In this case, your employer is obliged to continue paying your salary. This is calculated based on the average salary of the last three months before the start of the pregnancy.

Maternity allowance

You can apply for maternity benefit from your statutory health insurance during the statutory protection periods. It amounts to a maximum of 13 euros per day. If your average daily net salary is higher, your employer will cover the difference. The maternity benefit will be offset against parental allowance.

Working hours

The work on Sundays and public holidays as well as night work are clearly regulated in the Maternity Protection Act. On Sundays and public holidays, you may only work during pregnancy if you explicitly wish to do so and if you receive a compensatory day off afterwards. If you are employed by the employer between 8 p.m. and 10 p.m. implanted, this may only be done with the approval of the competent supervisory authority. In this case, in addition to your consent, a medical certificate of harmlessness is also required. After 10 PM may only be employed in very few exceptional cases. These individual cases also require an explanation from you, a medical certificate, and an official permit. Special regulations have been made for some professional groups, which you can view at the responsible supervisory authorities.

Pregnant women often wonder to what extent their Vacation entitlement is in maternity protection. Maternity protection has no influence on this entitlement: The time you are on maternity leave is counted as regular working hours. Any remaining vacation can be carried over to the next year.

Doctor appointments and breastfeeding during working hours

Your employer is obliged to release you for if it is not possible for you to attend these appointments outside of your working hours. The leave also applies to travel time to and from the doctor's office. During the first year of your little explorer's life, you will also be released twice a day for 30 minutes or once a day for one hour for breastfeeding.

Maternity protection provides important support for pregnant employees. Most employers are familiar with the regulations and behave cooperatively. However, if you feel that your employer is not granting you maternity protection to the necessary extent, you can contact the responsible supervisory authority – after all, you should be able to enjoy your pregnancy. All important contacts regarding maternity protection can be found on the website of the . The complete Maternity Protection Act can be read on the website of the .

We hope that our article has shed some light on the jungle of laws for you and wish you a pleasant workday with your baby bump!