How exciting for you - you're pregnant! Now your whole life will change! New rules also apply in your job as soon as you inform your line manager about your pregnancy. This is about protecting you and your child, so it's about deadlines, rights, obligations and finances.
The Maternity Protection Act (MuSchG) regulates everything that is important for pregnant women (and also for mothers after the birth) and their employers. This now also applies to pupils, students and so-called employee-like women. One thing is certain: You and your unborn child are now under special protection at your workplace.
When do I tell my boss?
There is no prescribed deadline for the right time. Section 15 MuSchG only states that the woman should inform her employer "as soon as" she knows that she is pregnant. However, you can take a while to do this. Many women do not even inform their extended family that they are expecting a child until around the 12th week of pregnancy. By then, the first critical phase of pregnancy is over and the certainty that the child will "stay" has grown.
However, you should inform your boss of your pregnancy after the first trimester at the latest. Sometimes it is also advisable to do this earlier. This depends, among other things, on what work you have to do. Remember: The special protection under the Maternity Protection Act only applies to you as a pregnant woman once your employer has been informed. Symptoms in early pregnancy, e.g. frequent nausea, severe mood swings or sudden sensitivity to odours, could also prompt you to "disclose" earlier - if only to prevent rumours and gossip from starting in the first place.
If you have decided to notify your employer, you can do so verbally or in writing. There is no prescribed form. In any case, you should inform your superiors first before your favourite colleagues find out. After all, no boss likes to find out such news "behind the scenes" or by chance - that wouldn't go down well at all.
How do superiors and colleagues react?
I often hear from pregnant women that they want to talk to their superiors as late as possible because the announcement of the pregnancy may not be without consequences. Some women are afraid, for example, that their career will now be over. Others fear that everyone at work will wrap them up in cotton wool or reduce them to pregnancy issues as soon as the good news is out. Still others suspect that they will be bombarded with maternal experiences and advice from their colleagues.
Whatever fears you may have - talk to your midwife about them or contact me at my online midwife counselling. Together we will find the best way to face your fears and assumptions.
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What should I tell my superiors?
Employers are interested in the following questions:
- When is your due date and when does your maternity protection period begin?
- How do you intend to take any remaining holiday?
- How long will you be taking maternity leave? Are you only taking maternity leave - or also parental leave?
- When will you return to work?
- How do you hand over your work? And to whom?
It makes sense to think about these questions before you speak to your boss.
Employers are also entitled to request relevant proof of your pregnancy (e.g. confirmation from your midwife) and information about the expected date of birth. However, you must give them none Insight into your Maternity passport and you should not do so because this document contains personal or confidential data about you.
What will change in the workplace after the notification?
According to the Maternity Protection Act, the employer must ensure that you and your baby are not exposed to any danger through your work (§ 9 MuSchG).
If your employer knows that you are pregnant, a so-called risk assessment of your workplace will be carried out, from which protective measures may be derived. Of course, this depends on the job in question. For example, pregnant women are not allowed to carry out heavy or dangerous work, work night shifts or overtime, handle hazardous substances or radiation or stand on assembly lines. They should also not have to bend or stretch frequently or climb ladders. A pregnant woman should also avoid time pressure, noise, heat and wetness at work, and should not have to stand for more than four hours from the fifth month of pregnancy. And she may only work on Sundays and public holidays under certain conditions.
They will then check how the working conditions at your workplace can be adapted to the regulations. This may mean, for example, that you are given special protective clothing, your working hours or breaks are adjusted or your working pace is reduced. If your workplace cannot be reorganised accordingly, you may be able to be deployed elsewhere in the company. If this is also not possible, an employment ban may also apply.
With the corona pandemic, the employer must also ensure that the pregnant woman is not exposed to an increased risk of infection. The decisive factor is the nature of her work and the respective regional risk situation. This may mean, for example, that a pregnant woman does not come into contact with (potential) Covid-19 patients. There may also be a (temporary) ban on employment due to the pandemic.
What are the maternity protection periods?
Your official maternity leave begins six weeks before your Calculated date of birth and ends eight weeks after the birth at the earliest. During this entire period, you will be released from work and the company is not allowed to employ you. You must agree to this before the birth.
If your baby is born a few days before or after the due date, this has no effect: you are entitled to at least eight weeks of maternity leave from the day of delivery. In certain cases, this protection period can be extended to 12 weeks after the birth: this applies to premature births, stillbirths and the birth of multiples or a baby with a disability.
During your maternity protection period before and after the birth, you are also financially protected. You will receive maternity benefit from your statutory health insurance provider, which your employer will top up to the amount of your previous net salary. If you then take parental leave, you will receive parental allowance. When you return to your job, you will receive your "normal" salary.
Can my boss sack me?
In principle, you may not be dismissed during the entire pregnancy up to four months after the birth (§ 17 MuSchG). This also applies during the probationary period and in the event of a miscarriage after the 12th week of pregnancy. If the employer dismisses an employee without knowing that she is pregnant, she can still report the pregnancy within two weeks. This renders the dismissal invalid (retroactive protection against dismissal).
3 responses
Thank you for the information on how to give notice during pregnancy. My wife is pregnant and we are very happy that it worked out. Next week we will visit a gynaecologist's practice and get advice on the pregnancy.
Thank you for this article on pregnancy in labour law. It's good to know that there is only protection against dismissal if the employer knows about the pregnancy. I will now tell my employer about my pregnancy as soon as possible.
I want to get pregnant. It's good to read that you can then only take maternity leave. But first I have to talk to the gynaecologist again.