Statutory maternity leave—Mutterschutz

During the period of statutory maternity leave following the birth (i.e., 8 or 12 weeks for premature births), expectant mothers are subject to absolute employment prohibition. This is not the case during the six weeks prior to the birth. Mothers-to-be who expressly wish to work during this time may do so.

Expectant mothers may be required to carry out tasks in the course of their studies or in a student job that the law expressly forbids them from doing. For further information and precise legislation in this matter, please consult the Leitfaden zum Mutterschutzgesetz des Bundesministeriums für Familie, Senioren, Frauen und Jugend (Guidelines on the Protection of Working Mothers Act, in German only).

Mothers-to-be can at any time during pregnancy be prohibited from employment on the basis of a medical assessment. This prohibition may, in certain circumstances, only apply to certain tasks previously carried out by the expectant mother.

Students who belong to a state health insurance scheme and are or were employed during their pregnancy are elibigle for maternity benefit from their health insurer. Maternity benefit is determined according to the net pay of the last three calendar months and, depending on how much you earn, this amount is topped up by your employer. Please apply directly to your health insurer for maternity benefit.

You will find further information in the Leitfaden des Bundesministeriums für Familie, Senioren, Frauen und Jugend zum Mutterschutzgesetz (Guidelines, in German only).

Legal protection from dismissal commences with the beginning of a pregnancy and ends four months after delivery. Those who take parental leave enjoy protection from dismissal until the end of their period of parental leave. This is also the case for those working part-time.

If your contract is short-term, you are protected from dismissal during the period of your contract.

Statutory maternity leave is the period during which mothers-to-be and new mothers are prohibited from employment, is as follows:

• Commences six weeks prior to the birth and ends eight weeks following the birth.
• In the case of premature or multiple births, this period is extended to twelve weeks following delivery.
• In the case of premature births, the period of statutory maternity leave is extended additionally by the lenth of time during the six weeks prior to delivery that the mother was unable to take off. For example, if your child arrived 20 days prior to the expected date of delivery, your period of statutory maternity leave following the birth would be extended to 12 weeks (due to prematurity) and 20 days.

If the period of statutory maternity leave is extended, so is your eligibility for maternity pay.

If your contract is short-term, your statutory maternity leave is guaranteed within the period of your contract.

You can find some further information on materinity leave in the document "Statutory maternal protection leave (Mutterschutz) before and after giving birth" (PDF).