Employment ban during pregnancy
and Sabine Schrör, medical journalistDr. rer. nat. Daniela Oesterle is a molecular biologist, human geneticist and trained medical editor. As a freelance journalist, she writes texts on health topics for experts and laypeople and edits specialist scientific articles by doctors in German and English. She is responsible for the publication of certified advanced training courses for medical professionals for a renowned publishing house.
More about the expertsSabine Schrör is a freelance writer for the medical team. She studied business administration and public relations in Cologne. As a freelance editor, she has been at home in a wide variety of industries for more than 15 years. Health is one of her favorite subjects.
More about the experts All content is checked by medical journalists.A few weeks before and after the birth, according to the Maternity Protection Act, there is a ban on employment. Pregnancy and the well-being of mother and child are thereby to be protected. If health problems arise, an individual prohibition of employment during pregnancy can also apply outside the usual period. Here you can read everything you need to know about the Maternity Protection Act and, in particular, the prohibition of employment.
Pregnancy: Maternity Protection Act
The Maternity Protection Act (MuSchG) protects pregnant or breastfeeding women and their children from hazards, excessive demands and damage to health in the workplace. It also prevents financial losses or job losses during pregnancy and a certain time after the birth. It applies to all mothers-to-be who are employed, to apprentices, interns and students. Home workers and marginal part-time workers are also protected by the law. Women should therefore inform the employer or training provider as soon as they find out about their pregnancy.
Safety at work
The employer is obliged to notify the competent supervisory authority of the pregnancy. In addition, he has to protect the pregnant or breastfeeding woman from hazards in the workplace. He must set up your workplace, including machines, tools or devices, in such a way that they do not pose any risks.
If the pregnant woman has to stand constantly because of her work, the employer must provide seating for breaks. If, on the other hand, it is a workplace where the pregnant woman has to sit permanently, he must allow her to take short breaks for movement exercises.
There is a general ban on certain activities
Pregnancy is a challenging and sensitive phase of life. Any excessive stress or danger from the occupational activity must be avoided. Piecework, assembly line work, extra work, Sunday work and night work as well as very physically strenuous work are therefore prohibited by law to protect the expectant mother and her child. Exceptions to this are only possible at the express request of the pregnant woman, medically certified safety and with the approval of the responsible supervisory authorities.
According to the law, pregnant women may not be expected to work with hazardous substances or radiation, gases or vapors, in heat, cold or wet, vibrations or noise.
Employment ban
Pregnancy is subject to a general prohibition of employment in the six weeks before the delivery, although a woman may continue to work during this time if she so wishes.
In addition to this maternity protection period before the birth, there is another after the birth: According to this, a mother can stay at home for eight weeks after giving birth and does not have to work. In the case of premature or multiple births, this period is extended to twelve weeks. In the case of a premature birth, the woman is also credited with the number of days as maternity leave that she was unable to take before the birth. If the woman gave birth to a child with a disability and this disability becomes apparent within eight weeks of the birth, the extended protection period of twelve weeks also applies.
So that the pregnant woman does not have any financial disadvantages during the employment ban, the Maternity Protection Act stipulates the following benefits:
- During the statutory protection periods before and after childbirth: maternity allowance plus employer contribution to maternity allowance
- In the case of employment bans outside the statutory maternity protection periods: full wages
Employment ban outside of the maternity leave periods
If the work carried out endangers the life or health of the mother or child and the employer has exhausted all possibilities to remedy the situation without success, he or the attending doctor can issue an individual prohibition of employment during pregnancy. Further employment of the mother-to-be can be prohibited in whole or in part.
Even after the birth, the doctor can issue an individual partial employment ban beyond the eight-week maternity protection period. The prerequisite is that the woman is less productive due to motherhood.
incapacity for work
If the pregnant woman suffers from an illness or was involved in an accident, the doctor can certify that she is incapable of work, in other words, she can put the woman on sick leave. If a disease is related to pregnancy (such as preeclampsia, premature labor, bleeding), the doctor can certify the incapacity for work or issue a prohibition of employment (professional prohibition).
Inability to work or a ban on employment - this affects the amount of remuneration. In the case of a ban on employment, the pregnant woman receives full wages (so-called maternity protection wages), calculated from the average salary for the last three calendar months before the pregnancy. In the event of incapacity for work, however, there is a right to continued payment of wages by the employer for a period of six weeks. This is followed by the lower sickness benefit paid by the health insurance company.
Pregnancy: vacation entitlement
The Maternity Protection Act also regulates the vacation entitlement of pregnant women. An expectant mother is entitled to vacation despite the employment ban. A shortening of the vacation leave is not permitted.
Pregnancy: protection against dismissal
In addition, a woman's employer is generally not allowed to give notice from the beginning of the pregnancy up to four months after the birth. He only has this right in very special cases, for example in the event of the company's insolvency. The reason for the termination must therefore not be related to the pregnancy.
The ban on dismissal also applies in the event of a miscarriage. There is then protection against dismissal up to four months after the miscarriage.
Exemption for preventive examinations
The employer must release the expectant mother for preventive medical checkups. The pregnant woman does not have to rework this time, and she must not suffer any loss of earnings due to the leave of absence.
Conclusion: protection first!
In the Maternity Protection Act, the legislature has enacted regulations for the safety of women during pregnancy and after childbirth. There are, for example, separate regulations for the workplace and the way of working and a legally regulated prohibition of employment. Pregnancy and the well-being of mother and child should be guaranteed in this way!
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