After the initial joy of discovering your pregnancy, many women quickly feel overwhelmed by the bureaucratic jungle: When should you inform your employer about the news? How long are you allowed to work before the birth? And what if your job is physically incompatible with your 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 have as an employee before and after the birth, but also where you can turn with your questions about maternity protection. After reading, you will hopefully realize that it’s all not as complicated as it may seem. After all, the law primarily aims to protect your health as a pregnant woman or mother—and, of course, your baby’s health 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. This means you also benefit from maternity protection if you are working Part-time or are engaged in minor employment, completing Training or doing an internship in preparation for it, or completing a Federal Volunteer Service . If you work as a woman with a disability in a protected workplace, the regulations also apply. The provisions for Civil Servants are set out elsewhere, in the Maternity Protection and Parental Leave Regulation, but are largely identical to the Maternity Protection Act.
Limited benefits apply to Students and Students under maternity protection. The law also applies in part to development aid workers, women working from home, and women who are considered to be in an employee-like position due to economic dependence (that is, women who depend on a client for their self-employment). If you are in a fixed-term employment relationship, maternity protection applies only for the period in which the employment relationship actually exists. It also ends during pregnancy, after childbirth, or during breastfeeding as contractually agreed. Unfortunately, the law does not protect you if you are a housewife, self-employed, or an adoptive mother.
When should I inform my employer about the pregnancy?
Only once your employer has been informed of your pregnancy do the protective provisions set out in the Maternity Protection Act (MuSchG) take effect. Therefore, it makes sense to inform your employer as early as possible . By the way: Your employer 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 confirming your pregnancy, you are required to provide it. If any costs arise, your employer must cover them.
What rights does the Maternity Protection Act grant me?
One of the most important points regulated by the Maternity Protection Act is protection against dismissal, which applies during pregnancy and for the first four months after childbirth. Below, we outline 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 your 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 do so afterward. Protection against dismissal applies even if you did not yet know at the time of termination that you were pregnant.
In a few Exceptional cases your employer may 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 and eight weeks after the 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 the birth, however, an explicit employment ban applies. Exceptions are made solely for female students and pupils. In any case, the following 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 by which the baby was born before the due date. In the case of a Preterm birth (also before the completion of the 37th week of pregnancy), 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 experience a Stillbirth , you may—if you wish—return from maternity leave earlier. You can revoke 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 ends with the end of the pregnancy. However, extended protection against dismissal still applies: In the four months after a miscarriage, your employer may not give you regular notice of termination. If the miscarriage represents a particular psychological or physical burden for you, and you are therefore unable to work, the usual regulations for continued payment of wages in the event of illness apply.
Special precautions in the workplace
The Maternity Protection Act requires your employer to adapt your workplace to your specific needs as a pregnant woman. This means 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 seating and rest option should be provided. 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 would normally be lower-paid.
Prohibition of employment
In the event 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
Work on Sundays and public holidays , as well as night work, is clearly regulated in the Maternity Protection Act. On Sundays and public holidays, you may work during pregnancy only if you explicitly wish to do so and if you receive a compensatory day off afterward. If you are employed by your employer between 8 p.m. and 10 p.m. , this is permitted only with the approval of the competent supervisory authority. In this case, in addition to your consent, a medical certificate confirming there is no risk is also required. After 10 PM , you may be employed only in very few exceptional cases. These individual cases also require a statement 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 affected by maternity protection. Maternity protection has no influence on this entitlement: The time you are on maternity leave is counted as regular working time. 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 doctor’s appointments if it is not possible for you to attend them outside of your working hours. This leave also applies to travel time to and from the doctor’s office. During the first year of your little explorer’s life, you are also entitled to time off for breastfeeding: either twice a day for 30 minutes or once a day for one hour.
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 we wish you a pleasant workday with your baby bump!
