How much is the wage paid in case of a prohibition of employment?
In order to ensure that an expectant mother does not continue to work for fear of financial loss and thus endanger her health or that of the child, the continued payment of wages is regulated in the Maternity Protection Act. Thus pregnant women are financially secured during the maternity protection periods before and after the delivery by the maternity protection money from the health insurance company and a subsidy from the employer. Thus the health insurance company pays an average of €13 per day and the employer the difference to their average net salary per calendar day.
During an employment prohibition the employer must pay the becoming mother likewise a salary. Thus pregnant women receive during an employment prohibition at least their average earnings of the last 13 weeks. If, due to the pregnancy, she is temporarily in a lower-paid job, she does not have to expect any losses.
Is leave during a ban on employment permitted?
Many pregnant women ask themselves the question whether they have vacation entitlements during the employment ban and how they can claim them. There is a clear regulation according to § 4 Mutterschutzgesetz:
- If an upcoming vacation was proven to her before the prohibition of employment, she is entitled to this vacation entitlement and the expectant mother can take vacation. A reduction of this leave is not permitted.
- If the expectant mother did not take her leave before the beginning of the prohibition of employment or did not take it completely, she may take her remaining leave after the end of the prohibition of employment. For this purpose, she has time not only for the current year, but also for the following year or, if applicable, even after parental leave.
