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Maternity Leave Act – In a Nutshell

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.

Under the Maternity Protection Act, particular attention must be paid to the prohibition on termination of employment and the restrictions on employment (6 weeks before and 8 or 12 weeks after childbirth), as well as the restrictions on employment during pregnancy for certain types of work (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 individuals, members of governing bodies, or female 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 protective regulations. This allows the employer to plan ahead. If the pregnant woman 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 information about the pregnancy. A list of the relevant supervisory authorities by federal 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 required by law must be informed. Any further notifications may only be made with the pregnant employee’s consent.

A pregnant woman must be granted time off for necessary medical examinations without incurring any loss of pay.

Pregnant women may not be required to work during the last six weeks before giving birth, unless they have expressly agreed to do so. Such consent may be revoked at any time.

After childbirth, there is an absolute prohibition on working for eight weeks, or twelve weeks in the case of multiple births or premature births. If a woman gives birth before her 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 child is born later than the due date, the eight-week protection period does not begin until the actual date of delivery.

If the life or health of the mother or child is at risk if the employee continues to work during pregnancy, 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 may not be assigned work that exceeds her capacity.

The workplace and work processesmust 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.

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 risk, from dust, gases, or vapors, from heat, cold, or wet conditions, from vibrations, or from noise; piecework or assembly-line work with a prescribed work pace; overtime; work on Sundays and public holidays, as well as night work between 8:00 p.m. and 6:00 a.m. (with exceptions).

Other prohibitions include, among others, the following activities; some apply only during advanced pregnancy (see § 4 of the MuSchG for a complete list):
 

  • Work that involves regularly lifting, moving, or carrying loads weighing more than five kilograms by hand, or occasionally lifting, moving, or carrying loads weighing more than ten kilograms by hand without mechanical aids
  • After the fifth month of pregnancy, work that requires her to stand continuously, provided that such work exceeds four hours per day,
  • Jobs that require them to frequently stretch or bend significantly, or that require them to constantly squat or remain bent over,
  • After the third month of pregnancy, pregnant women may not be assigned to work involving the use of machinery where they are exposed to an increased risk of accidents, particularly 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 with 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, female employees —whether voluntarily or mandatorily insured—are entitled to receive maternity benefits of up to 13 euros per calendar day from their health insurance provider upon application. If the average net daily wage exceeds 13 euros (a 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 employee’s previous average net earnings (the health insurance fund reimburses the employer for this supplement through the U2 contribution system). When calculating the employer’s supplement, 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 Insurance Office (online application and information: www.mutterschaftsgeld.de). The employer must also pay these employees the difference between 13 euros and their average daily wage, reduced by the statutory deductions.

Since January 2006, all businesses have been included in the so-called U2 contribution system. This means that, upon application, employers are reimbursed by the health insurance provider for the following subsidies:

  • Employer's Contribution to Maternity Pay (Employer's Share of Wages During the Maternity Leave Period)
  • Maternity leave pay that the employer is required to provide as continued compensation due to a medical prohibition on working (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 leave regulations apply throughout the entire breastfeeding period for female employees. As long as an employee is breastfeeding, she is exempt 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, nor may it result in a loss of earnings.