What is maternity protection?
Maternity protection covers a range of measures that protect pregnant and breastfeeding women at work. These rules apply to all female employees regardless of the type of employment, including part-time and marginal employees as well as apprentices. Among other things, the Maternity Protection Act (Mutterschutzgesetz) governs protection against dismissal, entitlement to maternity benefit and employment bans.
Maternity protection periods
One of the central rules of maternity protection is the maternity protection periods (Mutterschutzfristen). They cover the periods before and after birth during which special protective rules apply:
- Before birth: in the six weeks before the expected due date, expectant mothers may only keep working with their express consent.
- After birth: for eight weeks after birth there is an absolute ban on employment. For premature or multiple births and where the child has a disability, this period is extended to twelve weeks.
During these periods the employee receives maternity benefit (Mutterschaftsgeld) from her health insurance fund plus a subsidy from the employer.
Maternity benefit and employer subsidy
Maternity benefit is paid by the statutory health insurance funds and amounts to €13 per calendar day. If the employee earns more than €13 per calendar day, the employer pays the difference as a subsidy to the maternity benefit. This subsidy is reimbursed under the U2 levy scheme (Umlageverfahren U2). If the employee has more than one job, the maternity benefit to be credited is split proportionally between all employers.
Protection against dismissal
From the start of pregnancy until four months after giving birth, employees enjoy special protection against dismissal. This protection also applies during the probationary period. Dismissal is only permitted in exceptional cases with the approval of the competent supervisory authority, for example when a business closes down.
Employment bans
The Maternity Protection Act provides for certain employment bans to protect the health of mother and child. These include:
- General employment ban: applies during the maternity protection periods before and after birth.
- Individual employment bans: are issued where a doctor certifies a risk to the health of mother or child.
- Activity bans: cover certain hazardous work, such as heavy physical work or handling harmful substances or radiation.
- Company or official employment ban: is issued by the employer or a competent authority to ensure the safety of the expectant mother at work.
Rights and obligations of employers
Employers are required to comply with maternity protection rules and take appropriate protective measures. This includes adapting the workplace or, if necessary, moving the employee to other, non-hazardous work. Employers must also inform the competent supervisory authority as soon as they learn of the pregnancy. They must also carry out a risk assessment.
Returning to work
After parental leave, mothers have the right to return to their job or to receive a comparable position. Employers should talk to employees early about their return and possible part-time options.
Conclusion
Maternity protection is an important tool for protecting the health and financial interests of expectant mothers. Employers and employees should know the rules of the Maternity Protection Act so they can exercise their rights and meet their obligations correctly.
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