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Maternity Protection: Rights, Periods and Regulations

Maternity protection refers to the legal safeguards for pregnant and breastfeeding women in the workplace in Germany. It covers employment bans, protection periods, and rights during pregnancy and breastfeeding.

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Things worth knowing about "Maternity Protection"

Maternity protection refers to the legal safeguards for pregnant and breastfeeding women in the workplace in Germany. It covers employment bans, protection periods, and rights during pregnancy and breastfeeding.

What Is Maternity Protection?

Maternity protection (German: Mutterschutz) is a legally enshrined system of rights and safeguards for pregnant, birthing, and breastfeeding women in Germany. Its primary goal is to protect the health of both mother and child during pregnancy, childbirth, and the breastfeeding period. The legal foundation is the Maternity Protection Act (Mutterschutzgesetz, MuSchG), which was comprehensively reformed in 2018 and now also covers female students and pupils.

Who Is Covered?

Maternity protection applies to:

Female employees in standard employment relationships
Female apprentices and interns
Female pupils and students (since the 2018 reform)
Women employed in domestic households
Women with disabilities working in sheltered workshops

Protection Periods

The Maternity Protection Act defines specific timeframes during which special protections apply:

Pre-Birth Protection Period

The protection period typically begins six weeks before the expected due date. During this time, the woman may not be employed unless she explicitly states her wish to continue working. This declaration can be revoked at any time.

Post-Birth Protection Period

After the birth, an absolute employment ban of eight weeks applies. In cases of premature birth, multiple births, or birth of a child with a disability, this period is extended to twelve weeks.

Employment Bans and Protective Measures

In addition to the protection periods, the Maternity Protection Act contains numerous workplace safety regulations:

General employment ban: Pregnant women must not be employed if their health or that of the child is at risk.
Medical employment ban: A physician can issue an individual employment ban based on clinical assessment.
Ban on night and shift work: Pregnant and breastfeeding women may generally not work between 10 p.m. and 6 a.m.
Ban on overtime: Working more than 8.5 hours per day or 90 hours over two consecutive weeks is prohibited.
Ban on Sunday and public holiday work
Protection from hazardous substances and activities: Employers are required to conduct risk assessments and implement appropriate protective measures.

Protection Against Dismissal

During pregnancy and up to four months after delivery, employees benefit from special protection against dismissal. The employer is generally not permitted to terminate the employment relationship during this period, provided the employer is aware of the pregnancy or is informed no later than two weeks after receiving a notice of dismissal.

Maternity Pay and Financial Benefits

Pregnant employees are entitled to maternity pay (Mutterschutzlohn) if they are unable to work due to an employment ban. This is paid by the employer and is based on the average earnings of the three months preceding the pregnancy. During the statutory protection periods, women also receive maternity allowance (Mutterschaftsgeld) from the statutory health insurance fund, supplemented by an additional payment from the employer.

Maternity Protection and Breastfeeding

After delivery, breastfeeding mothers continue to enjoy special protections. They are entitled to breastfeeding breaks during working hours, which count as working time and must be compensated. Protection from hazardous activities continues throughout the entire breastfeeding period.

Medical Perspective

From a medical standpoint, maternity protection aims to minimize health risks for both the expectant mother and the unborn child. This includes protection from physical overexertion, exposure to hazardous substances, and psychosocial stress in the workplace. Regular prenatal check-ups, documented in the German maternity record (Mutterpass), provide continuous medical monitoring throughout pregnancy.

References

Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ): Maternity Protection Act (MuSchG), 2018 version. Available at: www.bmfsfj.de
Joint Federal Committee (G-BA): Maternity Care Guidelines (Mutterschafts-Richtlinien). Available at: www.g-ba.de
Federal Institute for Occupational Safety and Health (BAuA): Guide to Maternity Protection in the Workplace. Available at: www.baua.de

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