Pregnancy: Maternity Protection Act
The Maternity Protection Act (Mutterschutzgesetz, 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 the loss of a job during pregnancy and a certain period after the birth. It applies to all expectant mothers who are employed, trainees, interns, pupils and students. Home workers and marginal employees are also protected by the law. Women should therefore inform their employer or training provider as soon as they learn of their pregnancy.
Safety in the workplace
The employer is obliged to notify the competent supervisory authority of the pregnancy. He must also protect the pregnant or nursing woman from workplace hazards. For example, he must arrange her workplace, including machines, tools or equipment, in such a way that no risks emanate from it.
If the pregnant woman has to stand all the time due to her work activity, the employer must provide a seat for rest breaks. If, on the other hand, the workplace requires the pregnant woman to sit permanently, the employer must allow her short breaks for exercise.
Pregnancy is a challenging and sensitive phase of life. Any undue stress or risk from occupational activities must be avoided. Piecework, assembly line, overtime, Sunday and night work as well as very physically demanding work are therefore prohibited by law to protect the expectant mother and her child. Exceptions to this rule are only possible at the express request of the pregnant woman, on the basis of a doctor’s certificate of no objection and with the approval of the relevant supervisory authority.
The law also prohibits pregnant women from working with hazardous substances or radiation, gases or vapors, in hot, cold or wet conditions, or with vibrations or noise.
Employment ban
Pregnancy is subject to a general ban on employment during the six weeks before delivery, although a woman may continue to work during this period if she wishes.
To ensure that the pregnant woman does not suffer 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 benefit plus employer supplement to maternity benefit.
- @ During employment prohibitions outside the statutory maternity protection periods: full pay
Employment ban outside the maternity protection periods
If the work performed endangers the life or health of the mother or child and the employer has exhausted all possibilities of remedial action without success, the employer himself or the attending physician may issue an individual ban on employment during pregnancy. Further employment of the expectant mother may be prohibited in whole or in part.
Even after the birth, the doctor can issue an individual partial ban on employment beyond the eight-week maternity protection period. The prerequisite is that the woman’s ability to work is reduced due to maternity.
Incapacity for work
Inability to work or prohibition of employment – this affects the amount of remuneration. In the case of a ban on employment, the pregnant woman receives full pay (so-called maternity protection pay), calculated from the average salary of the last three calendar months before the pregnancy. In the case of incapacity for work, on the other hand, there is an entitlement to continued payment of wages by the employer for a period of six weeks. This is followed by the lower sick pay paid by the health insurance fund.
Pregnancy: Holiday entitlement
The Maternity Protection Act also regulates a pregnant woman’s entitlement to vacation. Thus, an expectant mother is entitled to vacation despite the employment ban. It is not permissible to reduce the vacation entitlement.
Pregnancy: protection against dismissal
In addition, an employer is generally not allowed to dismiss a woman from the beginning of her pregnancy until four months after the birth. He only has this right in very special cases, such as in the event of insolvency of the company. The reason for termination must therefore not be related to the pregnancy.
The prohibition on termination also applies in the event of a miscarriage. There is then protection against dismissal until four months after the miscarriage.
Time off for preventive medical checkups
Conclusion: Protection first!
In the Maternity Protection Act, the legislator has enacted regulations for the safety of women during pregnancy and after birth. For example, there are separate regulations for the workplace and working methods and a legally regulated ban on employment. Pregnancy and the well-being of mother and child are to be guaranteed in this way!
