Maternity leave
What is maternity leave?
The term maternity leave is used synonymously as an umbrella term for the regulations relating to pregnancy. The Maternity Protection Act (MSchG) contains several provisions designed to protect (expectant) mothers.
What are the legal provisions governing maternity leave?
Key provisions include the prohibition on employment and the prohibition on termination. Accordingly, expectant mothers may not be employed during the last eight weeks before (or eight weeks after) childbirth. During this period, they are entitled to weekly maternity benefits in lieu of wages. The period is calculated based on a medical certificate. With a corresponding certificate from a labor inspector or public health officer, the prohibition on employment may be brought forward if the life or health of the mother or the unborn child is at risk. In addition to the prohibition on employment, the Maternity Protection Act also provides for regulations regarding parental leave and part-time work, as well as protection against termination of employment for pregnant women and new mothers. Expectant and breastfeeding mothers may not be required to perform certain types of heavy physical work, even if no prohibition on employment is in effect. In addition, they are prohibited from working at night, on Sundays and holidays, and from working overtime.
How does maternity leave affect your salary?
A restriction on work under the MSchG must not result in any reduction in pay, even if the employee is consequently unable to carry out as much of the work assigned to her as she would otherwise be able to. Following the birth and the subsequent period of prohibited employment (eight weeks), both the MSchG and the VKG (Paternity Leave Act) provide for the possibility for parents to take unpaid leave or to work only part-time.
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