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A few weeks before until after birth, according to the Maternity Protection Act Prohibition of employment. pregnancy and to protect the well-being of mother and child. If health problems occur, an individual prohibition of employment in pregnancy can also reach beyond the usual time limit. Read here everything important about the Maternity Protection Act and in particular the prohibition of employment.
Pregnancy: Maternity Protection Act
The Maternity Protection Act (MuSchG) protects pregnant or breastfeeding women and their children from hazards, excessive demands and damage to health at the workplace. It also prevents financial loss or job loss during pregnancy and a certain time after birth. It applies to all expectant mothers, who are in an employment relationship, for trainees, trainees, students and students. Homeworkers and marginal workers are also protected by law. Women should therefore inform the employer or training provider as soon as they learn of their pregnancy.
Safety at work
The employer is obliged to notify the pregnancy to the responsible supervisory authority. In addition, he has to protect the pregnant or lactating from dangers in the workplace. So he has to set up their workplace, including machines, tools or equipment, so that no risks arise.
If the pregnant woman has to work constantly due to her work, the employer has to provide seating for rest breaks. If, on the other hand, it is a job where the pregnant woman has to sit permanently, he has to give her short breaks for exercise exercises.
Certain activities are generally prohibited from work
Pregnancy is a challenging and sensitive phase of life. Any excessive burden or occupational hazard must be avoided. Chord, assembly line, Mehr-, Sunday and night work and physically very strenuous work are therefore prohibited by law to protect the expectant mother and her child. Exemptions from this are only possible if expressly requested by pregnant women, certified by the doctor, and with the approval of the relevant supervisory authorities.
Even working with hazardous substances or rays, gases or vapors, in heat, cold or wet, vibration or noise pregnant women may not be expected by law.
prohibition of employment
Pregnancy is subject to a general ban on employment during the six weeks prior to delivery, although a woman may, at her own request, continue to work during this period.
In addition to this maternity protection period before birth, there is another after birth: According to this, a mother may stay at home for eight weeks after the delivery and does not have to work. For premature or multiple births, this period is extended to twelve weeks. In the case of premature birth, the woman is also credited with the number of days as maternity leave that she was unable to use before giving birth. If the woman has given birth to a child with a disability and this disability manifests itself within eight weeks of delivery, the extended protection period of twelve weeks also applies.
So that the pregnant woman has no financial disadvantages during the prohibition of employment, the maternity protection law specifies the following benefits:
- During the statutory periods of protection before and after childbirth: maternity allowance plus employer's allowance for maternity benefit
- For employment prohibitions outside the statutory maternity periods: full pay
Prohibition of employment outside maternity periods
If the work done puts the life or health of the mother or child at risk and the employer has exhausted all possibilities to remedy it without success, he or the doctor in charge can impose an individual ban on employment during pregnancy. The further employment of the expectant mother can be completely or partially prohibited.
After the eight-week maternity leave, the doctor can also issue an individual partial ban on employment after birth. The condition is that the woman is less efficient because of motherhood.