Maternity protection; information

Schwangere und stillende Frauen sollen im Rahmen des Mutterschutzgesetzes vor Gefahren am Arbeitsplatz bewahrt werden, die Mutter oder Kind schädigen können.

Description

Pregnant and breastfeeding women are to be protected under the Maternity Protection Act against hazards at the workplace that could harm the mother or child. The Maternity Protection Act is applicable if an employment relationship exists or if the women belong to certain groups of persons, e.g. those employed in home work.

Maternity protection mainly includes occupational employment prohibitions before and after childbirth.

The employer must ensure that a pregnant or breastfeeding woman does not carry out certain activities and is not exposed to certain working conditions because these pose an irresponsible risk to her or her child. For example, employers must not allow a pregnant woman to engage in activities that require her to perform heavy physical labor (e.g., regularly lifting and carrying loads weighing more than five kilograms) or piecework. Pregnant and breastfeeding women must not be allowed by the employer to carry out activities or be subjected to working conditions that expose them to irresponsible risks from hazardous or biological substances.

There are also certain occupational employment prohibitions for the period after childbirth. For example, a woman who has recently given birth may not be employed until eight weeks after the birth (protection period after childbirth). In the case of premature or multiple births, the mother may not be employed until twelve weeks have elapsed. The same period applies in cases in which the child is medically diagnosed with a disability within the meaning of Section 2, Paragraph 1, Sentence 1 of Book IX of the Social Code before the expiry of eight weeks after the birth and the mother applies to her health insurance fund for an extension of the protection period. In the case of premature births and other premature deliveries, the period of protection after the birth is additionally extended by the period that could not be taken up by the period of protection before the birth.

Maternity protection also includes medical employment prohibitions. A pregnant woman may not be employed if, according to a medical certificate, the life or health of the mother or child is endangered by continued employment.

Time off is to be granted to carry out the examinations within the framework of maternity assistance. The prohibition of employment and the granting of time off must not result in a loss of pay.

The location and duration of working hours are also restricted. As a rule, a pregnant or breastfeeding woman may not be employed at night between 8 p.m. and 6 a.m., on Sundays and public holidays, or for more than eight and a half hours a day.

If a pregnant or breastfeeding woman returns to work after the end of a ban on employment, she has the right to be employed in accordance with the contractually agreed conditions.

There are also financial entitlements. These include continued payment of wages during employment bans, maternity benefits and maternity assistance.

Under the protection against dismiss al, a woman may not be dismissed during pregnancy, until four months after a miscarriage after the twelfth week of pregnancy and until four months after childbirth. The prerequisite is that the employer is aware of the pregnancy, the miscarriage after the twelfth week of pregnancy or the childbirth at the time of the termination or is informed of it within two weeks of receipt of the termination. Exceeding this period is harmless if it is based on a reason for which the woman is not responsible and the notification is made without delay. This special protection against dismissal also applies to a female employee working in the family household.

In special cases not related to the woman's condition during pregnancy, after a miscarriage after the twelfth week of pregnancy or after childbirth, the supervisory authority may exceptionally declare the dismissal permissible.

The Maternity Protection Act obliges the employer to carry out an assessment of the working conditions and to inform all employees of the results of the assessment and the necessary protective measures.

If parental leave is taken, the employer may not terminate the employment relationship during parental leave.

The mother may give three months' notice of termination at the end of her parental leave, unless a shorter statutory or agreed period of notice applies to her.

The maternity protection period is taken into account as a credit period in pension insurance if the pregnancy interrupted employment subject to compulsory insurance. If the maternity protection period is between the mother's 17th and 25th birthday, it is taken into account as a credit period even if the pregnancy did not interrupt employment subject to compulsory insurance (Sozialgesetzbuch VI).

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Beschäftigungsverbot individuell - Vorläufiges ärztliches Attest zur Vorlage beim Arbeitgeber
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Prefillable Form, Bavaria-wide: Beschäftigungsverbot individuell - Ärztliches Attest zur Vorlage beim Arbeitgeber
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Remedy

Administrative court proceedings; information

administrative claim

Status: 06.05.2022

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
Bild zur Leistungsbeschreibung

Responsible for you

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