Maternity protection

“Maternity protection” covers a number of regulations to protect women during and after pregnancy. They apply to students as well as working women.

As long as you are healthy, you may continue your studies and/or take exams up until the birth of your child. If your pregnancy prevents you from meeting the requirements of your study program, you may apply to take a free semester for the duration of your pregnancy.

If your studies involve working in a laboratory, you must find out as early as possible if there are any materials there which can be harmful during pregnancy. Ask the laboratory supervisor. (See note)

If you work as well as study, be aware that maternity protection laws apply to you regardless of the nature and scope of the work, what kind of job contract you have, your nationality, and your marital status. If you are a part-time or temporary employee, you still have the right to maternity protection. The maternity leave period - which protects mothers and babies from dangers and health risks in the workplace - begins 6 week before the expected date of birth and ends 8 weeks afterward; in the case of multiple births, up to 12 weeks afterward. For the 8 (or 12) weeks following the birth, new mothers are not permitted to work. Expectant mothers may choose to work in the 6 weeks prior to birth. In addition there are special regulations regarding piece-work, night shift, overtime, and Sunday work.

In the case of premature birth or other instance in which the baby comes before the expected date, the maternity leave period is extended by the number of days by which it would have been shortened.

The right to paid vacation is not affected by maternity leave. Any move to reduce paid holiday leave because of a work ban due to maternity protection is not permissible (see Gesetz zum Schutz der erwerbstätigen Mutter, Mutterschutzgesetz - MuSchG).

With few exceptions, an employee may not be fired by her employer from the start of her pregnancy until 4 months after birth.

If your employer refuses you maternity protection, you can take the matter to the staff council.

Further information at http://www.my-stuwe.de/beratung-soziales/rechtsberatung/ and at Bestimmungen des Mutterschutzgesetzes.

Note:

What to do if you are pregnant/ nursing and work in a laboratory:

Please tell the laboratory supervisors that you are pregnant. Then they can takes steps to ensure your safety.

Following notice of a pregnancy, laboratory supervisors are obliged to check the workplace and complete a hazard assessment, if this has not already been done.

The hazard assessment must clarify whether the pregnant woman is exposed to carcinogenic substance or substances which can damage DNA or fertility, eg. via skin contact or by breathing. If this is the case, the pregnant woman may not continue her work in the laboratory.

This applies accordingly to nursing women.