The time has come soon – those who are about to give birth usually no longer go to work but are already on maternity leave. (Image: dpa) · Christin Klose/dpa theme service/dpa-tmn
“In principle, you don’t have to tell your employer if you’re pregnant,” says Miruna Xenocrat. She is a specialist lawyer for labor law at Employee Assistance in Berlin. Unless you work in a job that poses a risk to pregnancy, for example as a laboratory assistant in a chemical laboratory.
Then it is also in your own interest to inform your employer of the pregnancy – because the employer is obliged to ensure that the pregnant employee is not exposed to any dangers.
But even if there is no such risk potential in the respective job, it can make sense to inform the employer of the pregnancy in order to ensure good cooperation. Kathrin Schulze Zumkley, a specialist lawyer for labor law in Gütersloh, points this out.
Knowing that someone will be out for a certain period of time due to maternity leave, an employer can plan personnel accordingly – and also take the woman’s needs into account during pregnancy.
As soon as an employer becomes aware of an employee’s pregnancy, he must assess any possible risks to the woman at work and document this in writing. “The pregnant woman may no longer be exposed to certain dangerous substances such as lead or mercury or heat, cold or moisture,” says lawyer Xenocrat.
Activities such as heavy physical work or piecework are also prohibited for a pregnant woman. “The employer can then assign the employee another job, as long as the employment contract allows this or the employee agrees,” says Kathrin Schulze Zumkley.
An employment ban is often based on a medical certificate. According to Miruna Xenocrat, the pregnant woman receives such a certificate if her health or that of her child is at risk and the risk cannot be averted by assigning a suitable and reasonable activity. However, the employer or the responsible supervisory authority can also issue a ban on employment.
If the employer knows about the pregnancy, he is obliged to release the woman from work for medical appointments. “However, the pregnant woman should not deliberately schedule appointments so that they fall within working hours,” says Miruna Xenocrat. The employee must help to ensure that work processes are disrupted as little as possible.
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Pregnancy in itself is not an illness. If you are often very nauseous or feel unwell and are therefore unable to go to work, you should discuss this with your doctor – and decide together with him or her whether a certificate of incapacity for work should be issued or not.
“Maternity protection normally begins six weeks before the expected birth date,” says labor lawyer Xenocrat. And it usually ends eight weeks after birth. You do not have to take any remaining vacation days before maternity leave begins, they remain there.
If the child is born before the due date, maternity leave still lasts a total of 14 weeks. Maternity protection does not end just eight weeks after the birth, but only as many days later as the child was born before the due date.
In the event of a premature birth, maternity protection is extended from eight to twelve weeks after the birth, so the maternity protection period including the time before the birth is a total of 18 weeks. Maternity protection also lasts 18 weeks – six weeks before and twelve weeks after the birth – for multiple births and the birth of a child with a disability.
“Before the birth, employees can voluntarily waive maternity leave; in theory, they can work until the day of the birth,” says labor lawyer Schulze Zumkley. However, the employer cannot force a pregnant woman to forego maternity leave before the birth. After the birth, a woman is generally not allowed to voluntarily forego maternity leave.
Working pregnant women receive 13 euros per day from their health insurance company when maternity leave begins. This is the so-called maternity benefit. The employer is responsible for the difference between the maternity benefit and the average net salary of the last three months.
Maternity protection wages are available to everyone who is not allowed to work before the beginning or after the end of the maternity protection period due to an employment ban. The employer automatically grants the maternity protection wage as continued payment of wages; an application is not necessary.
“This can be done in writing or orally,” says Kathrin Schulze Zumkley. The notification ensures that maternity protection takes effect and that the woman is usually exempt from work eight weeks after the birth.
The dismissal of a pregnant employee is prohibited by the Maternity Protection Act. “The woman is under special protection against dismissal, which applies from the beginning of the pregnancy until four months after the birth,” says Miruna Xenocrat. Anyone who goes on parental leave has even longer protection against dismissal – it only ends when the parental leave ends.
