Maternity protection - everything you need to know about maternity pay, prohibition of employment and leave entitlement

Maternity protection calculator, apply for money

Maternity protection exists to protect the well-being of pregnant women and their children, ensure financial security and promote a good work-life balance. In this article, you can find out exactly when it starts, who it applies to, how to apply for it and which regulations employers must observe.

Content

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:

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.
Maternity protection applies to pregnant and breastfeeding women. Employers must provide time and space for breastfeeding mothers.

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.

Absences - always at a glance.

It shouldn't be your priority to always know who is on parental leave or maternity leave. With Sawayo, you have a reliable partner at your side! Digitize your absence management and focus on your core business.

Application - Where and how do I apply for maternity leave?

Maternity protection in the strict sense does not have to be applied for - these are statutory regulations that automatically take effect as soon as the employer is informed of the pregnancy.

However, expectant mothers should observe the following steps in order to take full advantage of maternity protection:

1. inform employer

Pregnant women should inform their employers in writing about their pregnancy and the expected date of birth.

When expectant mothers inform their employers about their pregnancy is of course up to them. However, maternity protection only comes into effect after the pregnancy has been announced.

2. submit a medical certificate

Pregnant women receive a certificate from their doctor stating the expected date of birth. This certificate is important for determining the exact period of maternity leave.

3. apply for maternity benefit

Maternity benefit is a financial benefit that is paid during the protection periods before and after the birth. Women with statutory health insurance claim maternity benefit from their health insurance fund. To do this, they need a certificate of the expected date of birth.

Maternity benefit - Who pays my salary during maternity leave?

During maternity leave, pregnant women receive financial benefits that generally replace their full salary. These benefits consist of maternity pay from the health insurance fund and an employer's allowance.

The maternity benefit amounts to a maximum of 13 euros per calendar day. The employer pays the difference between the maternity benefit and the average net salary of the last three months before the start of maternity leave.

Sample calculation:

If a woman earns an average of 2,000 euros net per month and the maternity benefit is 13 euros per day (approx. 390 euros per month for 30 days), the employer would pay the difference of 1,610 euros to ensure the full net salary.

During maternity leave, the leave entitlement remains in full and may not be reduced.

Leave entitlement during maternity leave

During maternity leave, the leave entitlement remains in full and may not be reduced. Even if employment is prohibited during pregnancy, leave entitlements remain in place.

Remaining leave that cannot be taken during maternity leave does not expire and can be taken after the end of maternity leave or parental leave.

If parental leave is taken directly after maternity leave, the employer can reduce the leave entitlement by one twelfth for each full calendar month of parental leave, whereby the leave accrued during maternity leave is retained.

Maternity protection and parental leave - Does maternity protection count as parental leave?

No, maternity protection does not count as parental leave. The maternity protection period does not count as parental leave, but is a separate period of protection before and after the birth. Parental leave only begins after the end of maternity protection.

  • Maternity protection: Six weeks before and eight weeks after the birth (twelve weeks in special circumstances) with special protection and financial benefits.
  • Parental leave: Starts after maternity leave and can last up to three years per child, with parental allowance and special protection against dismissal.

Maternity Protection Act - employers must observe these regulations

As soon as an employee has announced that she is pregnant, maternity protection applies to her. Employers must then comply with a number of regulations to ensure maternity protection. In Germany, these regulations are enshrined in the Maternity Protection Act (MuSchG) and are intended to ensure that women can experience their pregnancy and the first period after the birth without professional or financial disadvantages.

1. risk assessment

  • Employers must carry out a risk assessment of the workplace to identify potential hazards for pregnant or breastfeeding women.
  • This assessment must be documented and, if necessary, adjusted if the working conditions change.

2. adaptation of working conditions

  • Employers must design the workplace and working conditions in such a way that there is no risk to the health of the pregnant or breastfeeding woman and her child.
  • This can include adjusting working hours, reducing physical strain and protecting against harmful substances.
  • If a hazard cannot be avoided, employers must offer the pregnant or breastfeeding woman an alternative, non-hazardous activity.

3. health protection

  • Work involving an increased risk of accidents, harmful substances or radiation is prohibited for pregnant and breastfeeding women.

4. working time regulations

  • Pregnant and breastfeeding women may not work more than 8.5 hours a day and no more than 90 hours in a double week.
  • Pregnant or breastfeeding women under the age of 18 may not work more than eight hours a day or 80 hours in a double week.
  • Night work (20:00 to 06:00), work on Sundays and public holidays are generally prohibited, unless there are exceptions and the woman expressly agrees.

5. breastfeeding times

  • Employers must grant breastfeeding women breaks on request. These breaks may not be counted towards regular breaks and must be paid.
  • Usually 30 minutes twice a day or 60 minutes once a day.
  • Employers must grant these breastfeeding breaks until the child's first birthday.
  • Employers must also provide a suitable room for breastfeeding or expressing milk. The room should be lockable and offer enough privacy. It should also have a comfortable chair or armchair, a table and, if possible, running water and a fridge.

6. protection against dismissal

  • Employers may not dismiss a pregnant woman from the time of notification of pregnancy until the end of the protection period after the birth (four months).
  • In exceptional cases, termination may only take place with the approval of the competent supervisory authority.

7. documentation obligation

  • Employers must document the implementation of the risk assessment, the protective measures taken and all relevant information on pregnancy.

8. posting obligation

  • The Maternity Protection Act (MuSchG) is one of the laws that must be posted. Employers must therefore make it publicly accessible to their female employees. This is possible, for example, by posting the law on a notice board. However, it is even easier and more efficient to make the law available digitally.

Conclusion

As soon as a woman in an employment relationship informs her employer that she is pregnant, she is entitled to maternity protection. She does not have to apply for this. Her employer must then ensure that she works at a workplace without any hazards. If hazards cannot be ruled out and an alternative workplace without hazards is also not possible, she is protected by the company or official ban on employment. Maternity protection also protects women and children after the birth and during the breastfeeding period: women are not allowed to work for six weeks before the expected date of birth and at least eight weeks after the birth. In addition, employers must ensure that women have enough time and a place to breastfeed or express milk for their child. Pregnant and breastfeeding women may not be dismissed upon notification of pregnancy until four months after giving birth.

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth publishes a guide to maternity protection on its website. Pregnant women and breastfeeding mothers can find further and more detailed information here.

Absences - always at a glance.

It shouldn't be your priority to always know who is on parental leave or maternity leave. With Sawayo, you have a reliable partner at your side! Digitize your absence management and focus on your core business.

Disclaimer

We would like to point out that the contents of our website (including any legal contributions) are for non-binding informational purposes only and do not constitute legal advice in the strict sense. The content of this information cannot and is not intended to replace individual and binding legal advice that addresses your specific situation. In this respect, all information provided is without guarantee of accuracy, completeness and timeliness.

You want to learn more?

Book a call with one of our product experts and learn how Sawayo can make your job easier - or just get started for free.