As soon as a pregnant woman informs her employer that she is pregnant, she is under special legal protection. The following regulations exist for example:
- Maternity Protection Act (MuSchG)
- Maternity Protection Guidelines Ordinance (MuschVo)
- Ordinance for the protection of mothers at work (MuSchArbV)
- Ordinance on biological substances (BioStoffV)
They all have one goal: to protect the health of the expectant mother and the unborn child. A large number of protective regulations are anchored in the laws, including employment bans.
A distinction is made between general, individual and temporary employment prohibitions. The general prohibition of employment stipulates that expectant mothers may not be employed if the continuation of employment endangers the life or health of the mother or child. In addition, expectant mothers are not allowed to work in the last six weeks before and eight weeks after the birth date – unless the pregnant woman expressly wishes to work.
The general prohibition of employment also determines the circumstances under which the pregnant employee may no longer work. In addition, the individual employment prohibition protects the health of the pregnant woman and her unborn child in individual cases. Accordingly, a doctor can issue a certificate stating the reasons for which a ban on employment is necessary, e.g. in the case of a high-risk pregnancy. A temporary ban on employment is issued by the physician if the employer has not yet carried out an appropriate examination of the workplace and there are possible risks for the pregnant woman and the child.
Can the general practitioner issue this?
Every doctor, including the family doctor, is entitled to issue a certificate for an individual employment ban. The physician must give clear and precise information about why and to what extent the employment could harm the pregnant woman and/or her child if it continues. In addition, the doctor must decide in the certificate whether the employment is completely or only partially prohibited. In the second case, information is required as to which activities remain permissible.
