Employment ban during pregnancy: You should know that!

In this article you will learn

To learn about pregnancy, is a great experience for most people. But with the knowledge of the pregnancy, there are also a few things to regulate. This applies in particular with regard to professional matters and the ban on employment during pregnancy.

Here you can find out what you have to watch out for and what applies within the framework of an employment ban for pregnant women!

Maternity protection

As a pregnant woman, the law protects you in many different ways. This is where the Maternity Protection Act, MuSchG for short, comes into play, which regulates the ban on employment during pregnancy. Maternity protection offers comprehensive protection for both pregnant and breastfeeding women and their children.

With regard to possible risks at work, a Overwhelm and impending health damage can be prevented. It also offers financial security and job security. This applies to the period of pregnancy and a specific time after the birth of the child. The Maternity Protection Act protects you as an employee, trainee, pupil or student. It also applies to homework and minor employment.

As soon as the employer becomes aware of the pregnancy, he must send a corresponding notification to the responsible supervisory authority. Incidentally, the workplace itself must be designed in such a way that no hazards emanate from it. As a pregnant woman in a standing position, seating must be available and rest breaks must be made possible. In the context of a sedentary activity, regular movement must be ensured. The exercise of certain activities is even forbidden.

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Reasons for a general ban on employment during pregnancy

Pregnant women are subject to special protection. This applies to both you as a mother and your child. Therefore, a general professional ban is issued (employment ban during pregnancy) if you regularly deal with dangerous substances such as viruses, fungi or bacteria.

Even if you carry out activities that are physically very demanding and in which loads of more than 5 kg are moved. You will also be protected from physical influences. This includes radiation, strong shocks, noise, heat, moisture, cold or vibrations. In addition, an increased risk of accidents is checked. Working under piecework or on the assembly line is also unsuitable.

The employment ban

There is a legal occupational ban in the last six weeks before the delivery dateduring pregnancy. However, as a mother, you have the option of continuing to work until the end of your own volition despite the ban. In addition, as a mother, you are also protected after the birth.

As a mother, you have the right to stay at home for the first two months after the birth. If you give birth to a premature baby or multiple births, the period is even increased to three months. In addition, in the case of a premature birth, the days off you missed before the birth will be counted backwards. You can claim an additional protection period if your child is diagnosed with a disability within two months of birth. Here, too, the protection period increases to three months.

The statutory protection periods not only release you from the obligation to work. They also guarantee you the right to maternity benefits and employer benefits during this period. Outside of the deadlines, you are still entitled to your full salary.

Further employment bans during pregnancy

The aforementioned was about the statutory ban on employment during pregnancy, to which all expectant mothers are entitled. However, there are also occupational bans that are imposed outside of maternity leave. This is always granted if there is a risk of damage to the health of the mother or the child or if life is even threatened.

Before issuing the ban, the employer has the obligation to take all necessary measures to remedy the situation. Only when these measures are no longer effective and the risk cannot be reduced is an occupational ban imposed.

The type of ban can be complete or partial. The ban can be issued both before and after the birth following the maternity protection periods. It must be determined that there is reduced performance.

There is a maximum limit up to the child's 6th month of life. The occupational ban must also show exactly what reduction in performance has occurred, how long the ban applies and which activities are permitted.

Possible reasons for an individual occupational ban during pregnancy

The discussion of the ban must be substantiated with factual facts. Different reasons can give rise to a ban. These include, above all, a high-risk pregnancy or the possibility of a premature birth.

But multiple births, a weak cervix or severe back pain are also reasons for issuing a professional ban. There are also other options if they are related to pregnancy.

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to issue. A detailed description of the extent of the prohibition must be made here.

It is possible to limit certain activities here, resulting in only a partial employment ban. This is also referred to as a partial occupational ban during pregnancy.

The activity can also be limited in time. The possible consequences of continued employment without the ban should also be apparent. Many health insurance companies cover the costs for such a certificate – but not all. If in doubt, you must bear the costs yourself. Therefore, find out in advance from your health insurance company whether they will cover the costs.

In principle, the ban is binding for the employer. However, if there are doubts about the correctness, the employer can request a follow-up examination. You are responsible for choosing a doctor. The employer must bear the costs for this examination.

Inability to work

In addition to the above-mentioned ban on employment, an alternative inability to work to be attested. This is the case if you fall ill or have an accidentare you. The difference here lies in the remuneration.

If you are banned from working, you are still entitled to your full salary or the so-called maternity protection wage, which is based on the average salary for the last three months. If you are unable to work, however, your employer will continue to pay your full salary for a total of six weeks. After that, the health insurance company will take over the payments and you will receive sick pay, which corresponds to 60% of your previous salary.

Protection against dismissal

A very important issue for expectant mothers is protection against dismissal. In this case, you have extended protection against dismissal. This applies to the period from the start of pregnancy to four months after the birth. There are only a few reasons that justify termination during this period. Under no circumstances may termination be given on the grounds of pregnancy. Incidentally, the law also protects you equally if you suffer a miscarriage. Here you are insured up to four months after the miscarriage.

Leaves

As a mother, you also have a right to leave . If you have an appointment for a necessary preventive checkup, then you can keep it. The employer must release you for this period without you suffering any disadvantages. You will continue to receive your salary for this time and do not have to make up for the missing working hours.