Definition - What is maternity protection?
Women in employment enjoy statutory protection during pregnancy, after giving birth and during breastfeeding - maternity protection. It includes various regulations and measures to ensure the health and safety of the mother and child. These regulations are enshrined in the Maternity Protection Act (MuSchG) and are designed to ensure that women can experience their pregnancy and the first period after the birth without professional or financial disadvantages.
These include:
- the protection of health in the workplace,
- protection against dismissal,
- Employment bans,
- securing income during an employment ban.
How long does maternity leave last?
Maternity protection applies during pregnancy, after the birth and during the breastfeeding period. It begins as soon as the employer becomes aware of the pregnancy. As a rule, it ends eight weeks after the birth - in special circumstances twelve weeks after the birth.
Who is covered by maternity protection?
Maternity protection generally applies to all pregnant and breastfeeding women who are in employment. This includes various forms of employment.
Maternity protection applies in the following cases:
- Female employees in full-time and part-time employment
- Apprentices
- Interns on a mandatory internship
- Women in marginal employment (mini-job)
- Homeworkers and domestic workers
Maternity protection applies in part in the following cases:
- Women on parental leave: Women on parental leave who become pregnant again for a previous child are entitled to the protective measures of maternity protection. However, they do not receive maternity benefit, but continue to receive parental allowance.
Maternity protection does not apply in the following cases:
- Self-employed and freelancers: They are not covered by the Maternity Act. Private insurance and special programs offer similar protection and financial benefits.
- Unemployed women: Women who receive unemployment benefit I or II are not entitled to maternity benefit, but can receive replacement benefits from the Federal Employment Agency or continue to receive their standard benefits.
Employment ban - what is it?
The terms maternity protection and prohibition of employment are closely linked and are often used interchangeably. While maternity protection is the comprehensive protection system for pregnant and breastfeeding women, the employment ban is a specific component of maternity protection. It ensures that pregnant women and mothers are protected from health risks and overwork before and after the birth of their child. There are different types of employment bans: general, company, official, temporary and medical.
General ban on employment:
Before birth:
The general employment ban begins six weeks before the expected date of birth. During this time, pregnant women are not allowed to work unless they expressly declare their willingness to do so. Employers are not allowed to ask for this - the impulse must come from the pregnant woman herself. They can revoke their decision at any time.
After the birth:
After the birth, there is a general ban on working for at least eight weeks. In the case of premature and multiple births, this period is extended to twelve weeks. During this time, mothers are not allowed to work under any circumstances.
Company employment ban:
As an employer, you must ensure that pregnant women work in a safe workplace.
Pregnant women must not
- be exposed to substances that are hazardous to health,
- work under extreme conditions such as heat, cold or noise,
- work on an assembly line or piecework,
- perform heavy physical labor,
- constantly (from the sixth month).
As soon as you as the employer find out that an employee is pregnant, you must carry out a risk assessment of the workplace. You must check whether the activity or the working environment poses a risk to the pregnant or breastfeeding woman and her child.
If you identify hazards, you must adapt the working conditions so that there is no longer any danger. If this is not possible, you must employ the pregnant or breastfeeding woman in another, non-hazardous workplace.
If you are unable to adapt your workplace or find alternative employment, you must issue a ban on employment.
Official employment ban
If the employer does not take sufficient measures to protect pregnant or breastfeeding women or does not carry out an appropriate risk assessment, those affected can contact the competent supervisory authority. The authority then examines the working conditions and can issue an official ban on employment if a risk is identified. This may include either a partial or complete ban on the activity.
Provisional employment ban:
A temporary ban on employment can be imposed until a thorough risk assessment has been carried out and a final decision on a longer-term ban on employment has been made. It is therefore an immediate protective measure in situations where there is an acute risk.
Even if employers do not take the necessary protective measures, pregnant and breastfeeding women may not work until the appropriate protective measures have been implemented.
Medical ban on employment:
In the event of complications during pregnancy or if the pregnant woman is unable to continue working for health reasons, doctors can issue an individual employment ban.
In addition to the general employment ban, there is also an individual employment ban. This can be issued by a doctor if the health of the mother or child is at risk.
A medical ban on employment is possible in the following cases:
- The health of the pregnant woman or the unborn child is endangered by carrying out the activity.
- In the event of complications during pregnancy such as high blood pressure, risk of premature birth or other health problems.
The individual employment ban can be imposed at any time during pregnancy and breastfeeding. Pregnant women and mothers must present a medical certificate.
Regardless of which employment ban applies, pregnant and breastfeeding women are entitled to full pay and must not be disadvantaged.
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