Pregnancy + maternity protection

Pregnancy marks the beginning of a new phase of life for expectant mothers. This may not always be a source of joy, but can also be associated with uncertainty and anxiety. "How will my pregnancy affect my future work situation?" is certainly a question that many people ask themselves. For employers, on the other hand, it is important to know what protective measures need to be taken and how the temporary absence of the pregnant employee can be compensated for and how work can be organized in the future. Open communication is essential from the outset in order to find good, joint solutions for the company and the expectant mother.

When a pregnancy becomes known in the company, numerous things must be regulated and observed. In addition to the immediate notification of the pregnancy to the relevant occupational health and safety supervisory authorities, these include checking the working conditions of the expectant mother and, if necessary, adjusting her areas of activity. Details on this are regulated by the Maternity Protection Act (MuSchG). In the info box you will find aa form for notifying the supervisory authorities of a pregnancy and a link to a list of the responsible supervisory authorities by federal state.

At the same time, a discussion should be sought early on about ideas, wishes and framework conditions for future collaboration. How does the mother-to-be envisage her temporary leave? How long would she like to take parental leave? When and how would she like to return to work after the birth? What substitute solutions are conceivable for the interim period? What support can the company offer?

The "Pregnancy and maternity protection roadmap" contains all the key points that employers need to consider when an employee is pregnant. The "Discussion guide" for employers and employees offers support in jointly developing solutions for work organization, substitution, leaving and returning to work.

The Maternity Protection Act

The Maternity Protection Act comes into effect when an employee becomes pregnant. It applies to all expectant mothers who are in an employment relationship. It is intended to protect her and her child from dangers, excessive demands and damage to health in the workplace, financial losses and loss of employment during pregnancy and for some time after the birth.

Central to the Maternity Protection Act is the general ban on dismissal during pregnancy and up to four months after giving birth, as well as the ban on employment six weeks before and eight or twelve weeks after giving birth. If the life or health of mother and child are at risk if employment continues during pregnancy, the doctor can issue an earlier ban on employment.

The Maternity Protection Act also regulates which activities are no longer permitted for pregnant women. This includes, for example, heavy physical work, piecework and assembly line work as well as work on Sundays, public holidays and at night.

During the statutory maternity protection period, voluntary and compulsorily insured employees receive maternity benefit of up to 13 euros for each calendar day upon application from the health insurance fund. If the average net wage per calendar day exceeds the amount of 13 euros (monthly net wage of 390 euros), you as the employer are obliged to pay the difference as a supplement to the maternity benefit. However, this allowance will be reimbursed to you by the health insurance fund through the U2 levy procedure

You can find detailed information on the Maternity Protection Act in the factsheet "Maternity Protection Act in brief" and in the linked brochures of the Federal Ministry for Family Affairs.