FAQ on Maternity Protection for Supervisors – Guidelines and Regulations

As a supervisor, you are responsible for ensuring that the workplace for pregnant employees and students is designed to protect the health and safety of both the parent and child.

In particular, the following work restrictions apply:

  • Limitation of daily working hours to 8.5 hours.
  • Prohibition of heavy physical labor.
  • Prohibition of piecework, overtime, night shifts, and work on Sundays and public holidays.
  • Prohibition of any work that, according to a medical certificate, poses a risk to the health of the mother or child if continued.

If the pregnant individual can no longer perform their usual tasks due to these restrictions, you may assign them to a different, reasonable position.

Our occupational safety officer is available to support you in creating a safe working environment.

The maternity protection period is six weeks before childbirth and eight weeks after the birth of the child.

In the case of a premature or multiple birth, or if a disability is identified, the maternity protection period is extended to twelve weeks. If the delivery occurs before the expected due date, the maternity protection period is extended by the unused time before the birth.

In practical terms, this means that a pregnant employee can only be employed during the six weeks prior to the birth if they expressly declare their willingness to work. Additionally, the pregnant individual is free to revoke this decision at any time. During the protection period after childbirth, there is an absolute employment prohibition for employees.

Students and trainees can waive the protection period after childbirth. The waiver declaration is included in the form Pregnancy Notification_MuSch Studentst.

Pregnant employees are entitled to special protection against dismissal. From the beginning of pregnancy until the end of the maternity protection period after childbirth, termination of employment (with very few exceptions) is prohibited. This protection applies unconditionally, even during the probationary period of a permanent employment contract. The same protection also extends up to four months following a miscarriage after the 12th week of pregnancy.

To qualify for this dismissal protection, the university must have been informed of the pregnancy, or the notification must be provided no later than two weeks after the dismissal. If parental leave is taken, the dismissal protection is extended for the duration of the parental leave.

If a pregnant employee cannot secure a timely appointment for necessary prenatal examinations outside of working hours, the university will grant leave for this time. This includes not only the duration of the examination itself but also the time required for travel, if applicable.

 

On the day of childbirth, the spouse or civil partner (under the Civil Partnership Act) may receive one day of paid special leave. This special leave is not stipulated by law but is anchored in collective agreements or civil service regulations and is granted by the university to all civil servants and employees.

 

Nursing mothers are entitled to breastfeeding breaks during working hours, protected under the Maternity Protection Act. Breastfeeding time does not need to be made up and is fully compensated at the regular hourly wage.

Upon request, nursing individuals must be granted the necessary time to breastfeed within the first 12 months after childbirth, with a minimum of either two 30-minute breaks or one 60-minute break per day (§ 7 Section 1 Maternity Protection Act).

For continuous working periods of more than eight hours, the nursing individual is entitled to either two breastfeeding breaks of at least 45 minutes each or, if no breastfeeding facilities are available near the workplace, a 90-minute break.

Your employees' vacation entitlement remains intact. The period during which they are prohibited from working due to a work prohibition is treated as if they had been working during that time.

This applies to both the maternity protection periods and the time during which the employee is unable to work due to a work prohibition. If they have unused vacation days from before the work prohibition, these can be carried forward and used either after the work prohibition or, alternatively, after parental leave.