Does the ban on employment have any effect on my parental allowance?
The parental benefit can be paid up to 14 months after the birth of the child. A prohibition of employment during pregnancy has no effect on the amount of the parental benefit, since its calculation is based on the salary of 12 months before the start of maternity protection. In the case of female employees with statutory insurance who are entitled to maternity benefit, the parental benefit must be offset against the amount of this entitlement. For this reason, after the birth of the child, it is necessary to submit a corresponding application for parental allowance for the first months of the child’s life, even if the entitlement to maternity allowance still exists for a period of 8 weeks.
Which employment prohibitions apply during the breastfeeding period?
The Maternity Protection Act stipulates a ban on the employment of nursing mothers if certain working conditions exist. For example, this prohibition applies to work that is generally physically demanding and involves an increased risk of falling, the working (peeling) of wood, work in a predominantly stooped position or with heavy strain on the feet, and work in piecework. Mothers who take up gainful employment during their breastfeeding period are also supported by the Maternity Protection Act.
This may be the case if the child can either be taken to work with the mother or placed in a nearby day care centre. If the mother cannot have the child close to her during her working hours, the legally attributed breastfeeding periods can be used to pump the baby out. The Maternity Protection Act thus grants the mother a period of one hour for breastfeeding.
If the working time exceeds 8 hours, these times are extended again. These attributed breastfeeding periods are considered working time, and breastfeeding periods may not be performed before or after the birth of the baby or accumulated. Further regulations concerning these legal provisions may be made by the competent supervisory authority.
Is there a ban on employment due to mental stress?
A pregnant woman can be legally prohibited from employment due to mental stress if a doctor issues a corresponding certificate. However, it must be clear from this certificate that – as in other cases where an individual employment ban is issued for pregnant women – this mental stress is related to the employment and is caused and/or increased by the work performed. The burden of proof for the legality of such a prohibition lies on the employee’s side. A stress situation caused by pregnancy alone, which occurs independently of the workplace, is not sufficient to justify an individual employment ban on the basis of a mental stress situation.
