An Introduction to Maternity Rights
For expectant and new mothers, the Maternity Protection Act - or Mutterschutzgesetz - provides extensive regulations to ensure the safety of both the mother and their new or unborn baby.
The Maternity Protection Act protects women who are pregnant or breastfeeding their child (note this here: it unfortunately does not protect those who are adoptive parents). Through this they and their children are protected before and after birth. Germany’s labor act for maternity protection is in place to ensure that there is also no discrimination from the point to which the employee informs the employer that they are pregnant.
With the act, the women are have the following protections:
Health and safety at work; in fact the employer must ensure the working grounds are to standard and should not have the employee partake in any activities that could be detrimental to their (the mother’s) health or the health of the baby. The employer is required to organize a formal risk assessment to ensure all measures are followed.
Protection against dismissal (Besonderer Kündigungsschutz für Mütter); once an employee has informed their employer that they are pregnant, an employee can only be effectively dismissed during her pregnancy and up to four months after childbirth with the prior consent of the authority responsible for occupational safety in the respective federal state. Without this consent, the termination is invalid. One thing to note: if you are a fixed-term employee, there is no protection in case the employer chooses not to extend your employment. Your protections are in place for as long as the fixed-term contract exists.
An employment ban before and after birth of child; this means the mother is released and relieved from work duties, and this can be as soon as 6 weeks before birth and a minimum of 8 weeks after or 12 weeks after if the child is premature/had complications. Note the time frame for leave for maternity and paternity leave can be longer than this. And special arrangements can be made for reducing hours or a gradual return to work.
Compensation benefits - the parents are entitled to pay from 6 weeks before birth and up to 8 weeks after through their statutory health insurance. Beyond that point, the income for maternity and paternity leave can be covered in part also by their employer and the government.
This act protects is not dependent on the type of employment that you have, meaning you still get maternity leave and coverage if you are a part-time employee, are marginally employed, in vocational training, within an internship for your training and many other scenarios. Be aware of these rights to ensure you are not being prevented by your employer from getting the benefits owed to you.
You cannot be protected from this Act if you are: if you are housewife, are a board member of a company, a managing director and/or work independently and are not considered employee-like person.
When do I have to inform my employer about my pregnancy?
The timing to which you inform your employer is up to you, but it’s advised to do so to ensure the protections can be secure and you employer can find a suitable temporary replacement while you're away. If the employee wants a medical certificate or proof of pregnancy, they are required to pay for this and cannot pass on this information to any others without your formal consent.
If you are pregnant and are interviewing, you are under no obligation to inform the employer in the application or interview process.