Maternity Leave Act – In a Nutshell
The Maternity Protection Act takes effect as soon as an employee’s pregnancy becomes known. It applies to expectant mothers who are employed. It is intended to protect them and their child from hazards, excessive demands, and health risks in the workplace, as well as from financial losses and job loss during pregnancy and for some time after childbirth. Below is an overview of the key maternity protection guidelines that are particularly relevant to you as an employer.
The Maternity Protection Act specifically prohibits termination of employment and restricts certain types of work (6 weeks before and 8 or 12 weeks after childbirth) as well as work during pregnancy in certain occupational areas (Sections 3 through 8 of the Maternity Protection Act). The Act applies to women who are employed or are treated as such. It does not apply to housewives, self-employed persons, members of governing bodies, or managing directors of legal entities or companies.
Maternity leave applies to every woman whose place of work is located within Germany. It is independent of nationality and of whether the expectant mother is employed full-time or part-time, on a trial basis, as a temporary worker, as a primary or secondary occupation, or as part of an apprenticeship.
A pregnant woman should notify her employer of her pregnancy and her expected due date as soon as possible. From the time of notification, she must be treated in accordance with the relevant protective regulations. This allows the employer to plan ahead. If the employee fails to provide this notification through her own fault, the employer may, under certain circumstances, seek reimbursement from her for the additional costs incurred in hiring a replacement on short notice.
The employer must notify the relevant supervisory authority immediately upon receiving notification of the pregnancy. A list of the relevant supervisory authorities by state can be found on the website of the Ministry of Family Affairs (www.bmfsfj.de under the search terms “Aufsichtsbehörden Mutterschutz”). Within the company, those responsible for implementing protective measures under the law must be informed. Further notifications may only be made with the pregnant woman’s consent.
A pregnant woman must be granted time off for necessary medical examinations without suffering any loss of pay.
Pregnant women may not be required to work during the six weeks prior to giving birth, unless they have expressly agreed to do so. Such consent may be revoked at any time.
After childbirth, there is a complete ban on working for eight weeks, or twelve weeks in the case of multiple births or premature births. If the baby is born before the due date, the protection period is generally extended by the number of days that could not be taken prior to delivery, ensuring that every mother has at least 14 weeks of protection. If the baby is born later than the due date, the eight-week protection period begins only on the actual date of delivery.
Maternity Leave Following a Miscarriage
Effective June 1, 2025, a phased maternity leave period also applies to women who have had a miscarriage after the 13th week of pregnancy. Depending on the timing of the miscarriage, they are entitled to up to eight weeks of maternity leave, during which they are prohibited from working and may claim maternity benefits. A medical certificate is required to claim these benefits. However, the woman concerned may voluntarily agree to return to work at any time and may also revoke this decision.
If continuing to work during pregnancy poses a risk to the life or health of the mother or child, the physician may issue an earlier work restriction. The duration and reasons for this must be specifically stated, and it must also be explained which tasks the employee may still perform. The employee in question must not be required to perform work that exceeds her capacity.
The workplace and work processes must be designed in such a way as to prevent risks to the life and health of the expectant or nursing mother and her child. This means that opportunities for rest must be provided when the job requires constant standing or walking. If the work is primarily performed while seated, opportunities for movement must be provided. In addition, psychosocial stressors must be taken into account; employers should create a work environment that prevents stress, anxiety, or excessive demands.
The following activities (Section 4 of the Maternity Protection Act) are prohibited for pregnant women and nursing mothers: heavy physical labor and work involving harmful effects from substances or radiation that pose a health hazard, from dust, gases, or vapors, from heat, cold, or wet conditions, or from vibrations or noise; piecework or assembly-line work with a prescribed work pace; overtime; work on Sundays and public holidays, as well as night work between 8 p.m. and 6 a.m. (with exceptions).
Other prohibitions include the following activities, among others; some apply only during the later stages of pregnancy (see § 4 of the MuSchG for a complete list):
• Work involving the regular manual lifting, moving, or carrying of loads weighing more than five kilograms, or the occasional lifting, moving, or carrying of loads weighing more than ten kilograms, without mechanical aids,
• After the fifth month of pregnancy, work requiring her to stand continuously, provided such work exceeds four hours per day,
• Work that requires them to frequently stretch or bend significantly, or that requires them to remain in a crouched or bent-over position for extended periods,
• after the end of the third month of pregnancy, on means of transport,
• work that exposes them to increased risks of accidents, in particular the risk of slipping, falling, or plummeting.
There is a prohibition on termination from the start of pregnancy until four months after childbirth. This also applies during the probationary period and if the employer is notified of the pregnancy retroactively within two weeks of receiving a notice of termination. In rare exceptional cases, termination may be issued upon application to the competent supervisory authority (see above) and following its approval (e.g., in the event of the employer’s insolvency or the closure of the business). A fixed-term employment contract ends as agreed.
During the statutory maternity leave period, voluntarily and mandatorily insured female employees are eligible to receive maternity benefits of up to 13 euros per calendar day from their health insurance provider upon application. If the average daily net wage exceeds 13 euros (monthly net wage of 390 euros), the employer is required to pay the difference as a supplement to the maternity allowance. The employer’s supplement and the maternity allowance together roughly correspond to the amount of the previous average net earnings (this supplement is reimbursed to the employer by the health insurance fund through the U2 contribution scheme). When calculating the employer subsidy, the average of the last three fully paid calendar months or the last 13 weeks prior to the start of the maternity leave period must be used as the basis.
Female employees who are not themselves members of a statutory health insurance fund (e.g., women with private health insurance or those covered under a family policy) are eligible, upon application, to receive maternity benefits of up to 210 euros, funded by the federal government through the Federal Social Security Insurance Office (online application and information: https://www.bundesamtsozialesicherung.de/de/mutterschaftsgeld/antrag-stellen/)
The employer must also pay these employees the difference between 13 euros and the average daily wage, reduced by the statutory deductions.
Since January 2006, all businesses have been included in the so-called U2 contribution scheme. This means that, upon application, employers are reimbursed by the health insurance fund for the following subsidies:
the employer’s contribution to maternity pay (the employer’s share of wages during the maternity leave period),
• maternity leave pay, which the employer is required to provide as continued wage payment based on a doctor’s order prohibiting work (in cases where the life or health of the mother or child is at risk)
• Employer contributions to statutory health, pension, and unemployment insurance
You are entitled to vacation time for the entire duration of your pregnancy and maternity leave. Any unused vacation time may be taken after maternity leave, either during the current year or the following year.
Maternity protection regulations apply throughout the entire breastfeeding period. Employers should offer flexible solutions for breaks and work schedules to breastfeeding mothers in order to provide optimal support during this time. As long as an employee is breastfeeding, she is excluded from certain hazardous activities. In addition, she must be granted the necessary time for breastfeeding, at least half an hour twice a day or one full hour once a day. This time may not be made up before or after work or result in a loss of earnings. As long as an employee is breastfeeding, she is excluded from certain hazardous activities.