What is the employment ban?
The prohibition of employment is an ordinance anchored in the Maternity Protection Act (MuSchG), which regulates whether and to what extent expectant mothers may work during their pregnancy or after delivery. For example, those activities are prohibited where the life of the child or mother is at risk. In addition, mothers may no longer be employed for 6 weeks before the birth or 8 weeks after it (Section 3 MuSchG).
In addition, the prohibition of employment includes further prohibitions of activities which deal with the working environment of pregnant women (Section 4 MuSchG). These include, for example, substances that are hazardous to health or working conditions that are particularly physically demanding. In addition to a general prohibition of employment for all expectant mothers, there is also an individual prohibition which can be additionally imposed under certain conditions.
What happens to the pregnant woman’s salary?
If the doctor in charge prohibits employment, the pregnant woman will still receive her full salary. This is calculated from a period of 13 weeks or 3 months before the pregnancy occurs. This also applies if the employment relationship only began after the beginning of the pregnancy.
When calculating the remuneration, no wage reductions which occurred during the corresponding period and which have a cause which is not the employee’s fault, such as short-time work, are included. However, wage increases, e.g. as a result of collective bargaining, are taken into account in the calculation. Statutorily insured mothers are also entitled to maternity benefits within the protection periods before and after childbirth (6 weeks before birth until at least 8 weeks after). This amounts to a maximum of 13 euros per calendar day; any difference to the calculated salary entitlement is paid by the employer. Expectant mothers who are not members of a statutory health insurance fund can apply for a one-off allowance of 210 euros.
Who pays the salary of the pregnant women?
The calculated salary for the duration of the employment ban is paid by the employer. In the event that the expectant mother receives additional maternity pay, the employer pays the difference of 13 euros per calendar day to the calculated wage entitlement. However, the employer has the option of applying to his employee’s health insurance fund for reimbursement of the wage claim in order to reduce his own financial burden for the period in question. If the employer proposes another employment to the pregnant woman which is not covered by the prohibition of employment imposed on her, in this case no lower wage than the previously calculated wage may be paid.
How do I get a ban on employment?
First of all, the Maternity Protection Act stipulates a general ban on employment for all expectant mothers. This comes into force immediately upon becoming aware of the pregnancy, which the employee must inform her employer immediately. An individual employment ban, e.g. due to special pregnancy-related complaints, can be issued by a general practitioner.
The doctor will issue a corresponding certificate and decide on an extension or addition to the general prohibition. However, such a certificate is not always reimbursed by the health insurance company and must therefore be paid by the insured person himself in case of doubt. It is possible to restrict the ban only to certain activities or working hours. The employer then has the option of offering the pregnant woman another job. When a medical certificate is issued, it must generally always be borne in mind that the pregnant woman’s symptoms must not be caused by an illness, but must have their origin in the pregnancy and would be aggravated by the work carried out.
