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 My Stuwe Legal Advice and at Federal Guide to Maternal Protection.

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.

Maternity Protection

Process Overview

Here is an overview over the maternity protection process.

Process Explained

I. Information on the new legal situation

On 01.01.2018, the Act on the Protection of Mothers at Work, in Training and at University (Maternity Protection Act - MuSchG of 23.05.2017) came into force as Article 1 of the Act on the Revision of Maternity Protection Law. What is new is that female students are included in the scope of protection of the Maternity Protection Act.

The provisions of the Maternity Protection Act apply to pregnant women and breastfeeding mothers. In order for the Maternity Protection Act to be applied, students must notify the university of their pregnancy or breastfeeding period (Section 15 (1) MuSchG).

The aim of the new regulation is to protect the physical and mental health of pregnant and breastfeeding students and their (unborn) children and, at the same time, to enable them to continue their studies, insofar as it is responsible.

In order to achieve this goal, the Maternity Protection Act stipulates that potential risks must be assessed and any necessary protective measures taken. Pregnant and breastfeeding students should be able to continue their studies as far as possible if they so wish. On the other hand, the Maternity Protection Act has consequences in terms of examination law, as students are not obliged to take part in courses and examinations during the maternity protection period (six weeks before giving birth and eight weeks after), but may do so at their express request in teh form of a waiver, § 3 para. 3 MuSchG (see form "Waiver"). The waiver may be revoked at any time. In principle, disadvantages due to pregnancy, childbirth, or breastfeeding should be avoided or compensated for, see § 9 Para. 1 MuSchG.

The scope of application of the Maternity Protection Act applies insofar as the university specifies the place, time, and course of the training event as mandatory, i.e. for examinations and compulsory courses (including internships or excursions). This means that mandatory internships that must be completed at University of Tübingen are also covered by the Maternity Protection Act. Activities that can be freely determined by the students as part of their studies, such as library visits, participation in free lectures and sports activities, as well as recommended but not mandatory internships, are not covered by the Maternity Protection Act.

II. Implementation at the Eberhard Karls University

In order to implement the requirements arising from the new Maternity Protection Act, a mixture of centralized and decentralized responsibilities are to be taken. The individual steps required are briefly described below:

Step 1: Notification of pregnancy / breastfeeding

The pregnant or breastfeeding student submits the Notification on Pregnancy / Breastfeeding form to the Studierendensekretariat in person or though the postal services, and fills out the list of courses attended. The student should bring suitable evidence (e.g. medical certificate or copy of the maternity pass, with the mother's name and the expected date of delivery; other personal details may be blacked out). If the student first contacts the department or faculty, tthey should be referred from there to the Studierendensekretariat for notification of pregnancy/breastfeeding.

Each student must inform themselves on the student maternity protection website about further procedures and about the fact that the notification of pregnancy / breastfeeding may result in protective measures which may restrict the attendance of courses (see information on the traffic light system ((website in German as of March 2025) and the overview “Traffic light system study programs” below). The student has the opportunity to have a confidential discussion at the Family Office.

The faculties appoint so-called “Student Maternity Protection Representatives” for each degree program. These can be found on the Family Office website.

After receiving the notification, the Studierendensekretariat informs the designated “Student Maternity Protection Representative” about the pregnancy and the expected date of delivery. The student informs the respective lecturers.

Step 2: Risk assessment by the lecturers

Occupational safety divides all degree programs into a traffic light system (green, red) according to their risk potential. For courses marked green, it is safe to continue studying. For courses marked red, all courses attended by the student must be assessed individually by the respective lecturers.

Lecturers must prepare a risk assessment for their course in advance (see form “General risk assessment for courses”). After the student has been informed about the pregnancy/breastfeeding period, and the course has been marked in red, the lecturer fills out the form “Specific risk assessment for courses and measures” for the course attended by the student, based on the risk assessment already drawn up for the course. The lecturer then completes the form “Documentation and Individual Consultation on Maternity Protection” (II and, if applicable, V) submitted by the student. The student is informed by her lecturers about the result and the next steps according to the risk assessment for the course. The lecturers check the possibilities of offering alternative services or making adjustments to the course conditions (e.g. setting up a protected laboratory workstation, handling non-hazardous substances, alternative services, advance notice in order to prevent or minimize disadvantages caused by maternity or breastfeeding your child.

Step 3: Advice from the student maternity protection representative

The student then contacts the “Student Maternity Protection Representative”, and a consultation takes place, focusing on the results and the resulting consequences regarding the student's course of studies.
The results of the risk assessment by the lecturers and the documentation form are forwarded by the representatives to the Studierendensekretariat (§ 9 MuSchG).

Step 4: Studierendensekretariat

The Studierendensekretariat reports to the responsible supervisory authority (Regierungspräsidium Tübingen) and responds to requests for information. After the maternity protection period or breastfeeding period has expired, the documents are archived in the Studierendensekretariat for two years.

Step 5: Updating the maternity protection period after childbirth
After the birth of their child, the student informs the Student Maternity Protection Representative of the actual date of delivery and provides a copy of the birth certificate.

As the pregnancy and breastfeeding period cover more than one semester, risk assessments for courses must also be prepared for the following semesters and examinations. Maternity protection must be taken into account, unless a leave of absence has been granted.

Information on the Traffic Light Systen of the University

The degree programs have already been classified by occupational safety in a traffic light system (red and green), which can be viewed under “Traffic light system for degree programs”. (website in German as of March 2025)

If a complete course of study is classified as green in the traffic light system, participation in courses and taking examinations is possible without restriction, taking into account the statutory protection periods and rest periods.

If minor changes to the course of study are necessary (e.g. bringing forward the presentation of a seminar paper or extending a submission deadline, bringing forward examinations, taking a semester off...), this must be agreed upon between the student and the lecturer, or the designated “Student Maternity Protection Representative”. The student approaches the lecturer.

If an entire degree program is marked in red, all courses currently being attended must be assessed and classified individually with regard to their risk potential. The student contacts the lecturers of her courses with a copy of the “Notification of pregnancy/breastfeeding period” and the form “Documentation and individual advice on maternity protection”. The lecturers must complete and sign this form (II and, if applicable, V) for their own courses. The “Documentation” form serves as a “routing slip”.

If you have any questions, please contact Occupational Safety Office.

Contact: Division VIII, Dept. 2, Occupational Safety and Environmental Protection Office,

www.uni-tuebingen.de/asi

Information on the Procedure for Representatives

1. Procedure:

You will receive a copy of the "Notification of Pregnancy / Breastfeeding” form from the Studierendensekretariat.

Please offer the student a consultation without delay (e.g. via e-mail). If the student does not respond within 2 weeks, please follow up. After a further 2 weeks without a response from the student, please inform the Studierendensekretariat via e-mail. This concludes the procedure for you for the time being. The Studierendensekretariat will file your e-mail.

At the consultation appointment, the student brings the form “Documentation and Individual Consultation on Maternity Protection” - filled out (II and V, if applicable) and signed by their lecturers - which includes a risk assessment (green, yellow, red) of each individual course by the respective lecturer. You fill out the forms III, IV and, if applicable, V and sign them. The student also signs the forms.

2. Advice on remaining course of studies (see “Documentation” form)

Please discuss with the student the results of the “Documentation”, completed by the lecturer and handed out to you, and explain the assessment and its consequences for the remainder of the student's studies.

Work out an individual study plan with the student for the coming semesters in order to prevent or minimize potential disadvantages caused by maternity leave or the taken breastfeeding period. This should take into account the time frame for breastfeeding, as planned by the student.

Check the possibilities of moving forward with examinations or courses, or offering individual examinations.

If necessary, please adjust the examination deadlines to the “changed in course of studies” and communicate these to the responsible examination offices.

3. Send everything to the Studierendensekretariat

Please send the signed form “Documentation and Individual Advice on Maternity Protection” and all forms completed by the lecturers to the Studierendensekretariat, along with specific risk assessments for courses, and the measures which will be taken accordingly. The employees of the Studierendensekretariat will send the specific risk assessments to the Regional Council.

Information for Lecturers

Procedure:

Irrespective of the Maternity Protection Act, you have completed the general risk assessment for your courses and sent it to the Occupational Safety Department.

Now to the specific case:

A pregnant / breastfeeding student in your course approaches you. You discuss the potential hazards with the student and possible measures to prevent them. Two basic cases must be distinguished here:

"Green" courses (according to the general risk assessment): If it is a lecture or seminar without experiments in the lecture hall or seminar room, the course has probably been classified as “green” according to the general risk assessment. In this case, you only need to mark your course as a “green” course on the “Documentation and individual consultation” form and sign on the corresponding line. It is *not* necessary to complete a specific risk assessment. Please note: If the general risk assessment changes, please send it to Occupational Safety immediately.

All other courses:

Complete the form “Specific risk assessment for courses”. In a discussion with the student, explain the assessment of the course and its consequences for the rest of the course.

Green: attendance of the course can continue without any problems (e.g. if the “dangerous” part has already been completed)
Yellow: Attendance only possible with changes to the course. If available, discuss the possibilities for alternative services or, if possible, make adjustments to the course conditions (e.g. setting up a protected laboratory workstation, handling non-hazardous substances, alternative work for credits, changing exam dates, changing the course format, etc.). The aim is to prevent or minimize disadvantages caused by maternity or breastfeeding.
Red: immediate ban, as no further changes or adjustments are possible at this time.

Please sign the form “Specific risk assessment for courses and measures” with the student, as well as the form “Documentation and individual counseling” for your course.

The student should contact the Student Maternity Protection Officer (MuSchG) with the completed form in order to plan the remainder of their studies and to prevent or minimize potential disadvantages arising from maternity leave or the taken breastfeeding period. Based on the results of the individual risk assessments, a modified study plan will be drawn up together with the representative if necessary.

Please note that a pregnant / breastfeeding student may leave the course to rest or for breastfeeding purposes. The list of rest options can be found under Department VIII.2 (Occupational Health and Safety).

If you have any questions, please contact Occupational Safety (Department VIII, Division 2).

Information for Students

1. Pregnancy

You should report your pregnancy or breastfeeding period to the Studierendensekretariat. To do this, use the form Notification of Pregnancy/Breastfeeding Period. You can obtain this from the Studierendensekretariat or on the Family Office website (see below). As proof of pregnancy, you can use a copy of the mother's passport with the mother's name and the expected date of delivery (other personal details may be blacked out) or a doctor's certificate with the expected date of delivery.

If your degree program is classified as green on the “Notification of Pregnancy/Breastfeeding” form according to the traffic light system (see information “Traffic light system”), you can continue your studies. To do this, you should contact your lecturers with a copy of the “Notification” form and the “Documentation and individual advice on maternity protection” form. The freely selectable modules from other faculties may include courses in which a risk is to be expected. In this case, you should contact the respective lecturers for clarification.

If your degree program is classified as red, a specific risk assessment must be drawn up by the relevant lecturers for each of your attended or planned courses. To do this, you should approach your lecturers with a copy of the “Notification” form and the “Documentation and Individual Consultation on Maternity Protection” form. The lecturers will fill out the form (II. and V., if applicable) and discuss the consequences for your further course attendance with you. This does not apply to lectures and seminars in the lecture hall or seminar room (without experiments) for which no specific risk assessment is required.

In both cases, you will immediately be offered a consultation by the Student Maternity Protection Representative in your degree program. For degree programs classified in red, you must attend the consultation. The completed form “Documentation and Individual Consultation on Maternity Protection” must be brought along. The list of Maternity Protection Representatives can be found on the Family Office website. If you wish, you can also contact the representative responsible for you directly.

The contents of the consultation are as follows:

Adjustment of study conditions
Changes to the course of study and possible substitute work for credit
Overview over remainder of your studies / study planning
Effects on examination deadlines

If you are in the maternity protection period (six weeks before and eight weeks after childbirth) and want to continue your studies, please fill out the “Waiver” form (German „Verzichtserklärung“ ), sign it and bring it to the Studierendensekretariat.

If you study more than one subject, the process must be completed for each subject separately.

2. After the birth

In order to calculate the protection periods and the expected duration of the breastfeeding period, please inform the Student Maternity Protection Representative of the actual date of delivery after the birth of your child (copy of the birth certificate).

Duty of information by the university (according to § 14 MuSchG)

The University is obliged to inform you about the results of the risk assessment and the necessary protective measures resulting from it, which will be done in the consultation with the lecturers and the Student Maternity Protection Representative.

Further help and support

The University's Family Office will be happy to advise you further. If necessary, please make an appointment for a consultation. Counseling is confidential.

List of Maternity Protection Representatives

Please follow the link Link (on the bottom of page)

For questions, please contact the Dezernat VIII

People to Contact

Division IV, Dpt. 1 Studierendenabteilung, Studierendensekretariat

Please send your “Notification on Pregnancy/Breastfeeding” to the Studierendensekretariat (also possible through postal services)

Contakt:
      Wilhelmstraße 19, 72074 Tübingen
      studierendensekretariat@zv.uni-tuebingen.de
      Studierendensekretariat (incl. opening hours and availablility via telephone)

Maternity Protection Forms

Information

Updated Law (German legal text)
Process Overview
Information on the Traffic Light System
Traffic Light System of different fields of study (German)
Information for Maternity Protection Representative
Information for lecturers
Information for students
List of Representatives

Forms

Notification on Pregnancy / Breadstfeeding Period
Waiver (for Studierendesekretariat and student)
Documentation on Individual Maternity Protection Consultation (for lecturers and Maternity Protection Representatives)
General risk assessment for courses (for lecturers)
Specific Risk Assessment of Courses and Measures to be Taken Accordingly (for lecturers)