Employment ban during pregnancy: your rights under German labour law

An employment ban during pregnancy regulates the period during which an expectant mother is medically prohibited from working. There are two types: a general employment ban applicable to certain activities or working conditions, and an individual employment ban, which a doctor can issue if a specific risk exists for the pregnant woman or her child. An individual employment ban may apply, for example, in cases of multiple pregnancies, risk of premature birth, or severe nausea, back pain, or psychological stress. Note that terminating an employed pregnant woman during the employment ban is prohibited.

Key Points:

• Two types of employment bans: General ban for hazardous activities, and individual, doctor-issued ban for health risks.
• Salary and obligations: Pregnant women continue to receive maternity protection pay.
• Protection from dismissal: Termination during pregnancy or an employment ban is generally prohibited and only possible with official approval.

Types of employment bans during pregnancy

In Germany, employment bans are regulated by the Maternity Protection Act (Mutterschutzgesetz) and can apply to specific tasks or the entire role.

General Employment Ban:

The general ban applies to tasks or conditions considered unsafe for pregnant women. Examples include:

• Work on Sundays and public holidays (only allowed with approval)
• Night work between 8:00 PM and 6:00 AM
• Work with hazardous substances (e.g., chemicals)
• Tasks with high risk of accidents (lifting, heavy physical work)

Individual Employment Ban:

A doctor may issue an individual ban when the pregnant woman or child is at risk. Reasons may include:

• Pregnancy complications
• Physical strain caused by work
• Early contractions or risk of premature birth
• Multiple pregnancies
• Severe symptoms such as nausea or pain
• High psychological stress

Employment ban and leave – what to keep in mind

• Medical certificate and proof of risk: An individual employment ban must be documented by a medical certificate specifying the duration and the activities the employee is prohibited from performing.
• Financial protection: Pregnant employees receive maternity protection pay, calculated as the average earnings of the last three months before pregnancy.
• Employer obligations: Employers must first consider whether the employee can be reassigned or work under safe conditions before issuing an employment ban. 

Example: A lab technician who usually handles chemicals may switch to analyzing results on a computer while colleagues handle lab tests.

When does the employment ban apply?

The general employment ban applies immediately once the employer becomes aware of the pregnancy. Therefore, every pregnancy should be reported to the employer as early as possible so that the necessary protective measures can be implemented. The individual employment ban applies upon submission of a medical certificate to the employer.

Additional statutory maternity leave periods:

• 6 weeks before birth: Right to leave unless the employee opts to work
• 8 weeks after birth: Absolute employment ban (12 weeks for multiple births or premature births)

If pregnancy occurs during unpaid parental leave, notify your employer immediately. Parental leave may continue but can be interrupted by statutory maternity protection.

Who pays during the employment ban?

The employer continues to pay maternity protection pay, which can be reimbursed by the employee’s health insurance through the U2 contribution scheme.

Can a pregnant woman be dismissed?

Although an employer receives financial compensation for maternity pay, a termination by the employer can still occur. However, the dismissal of a pregnant employee is generally prohibited in Germany. The reason for this is to ensure that no woman avoids becoming pregnant out of fear of losing her job. This protection against dismissal during pregnancy applies from the moment the employer becomes aware of the changed circumstances and lasts until four months after childbirth.

Are there exceptional cases in which dismissal during pregnancy is permitted? Yes, with prior approval from the relevant supervisory authority, the employer may still issue a dismissal. These exceptions are very rare in practice and apply, for example, in cases of business closures or serious breaches of duty by the employee.

Without this governmental approval, a dismissal is not valid, and the pregnant employee even has the right to legally demand continued employment.

What to do in case of dismissal

Have you received a dismissal even though a work ban due to your pregnancy is in place? You should consider the following advice:

• Consult a lawyer: Pregnancy is already a physical and psychological strain. We recommend contacting a lawyer to handle the stress of communicating with your employer regarding your rights.
• Have the dismissal (and a potential dismissal protection lawsuit) reviewed: Have your dismissal reviewed by your lawyer. Since dismissals during pregnancy are generally prohibited, you have a strong chance of success in a dismissal protection lawsuit—especially if a work ban applies.
• Negotiate (or have your lawyer negotiate) a substantial severance package: Since the risk of a dismissal protection lawsuit is usually high for an employer when a dismissal occurs despite a work ban, your lawyer may suggest negotiating a severance package for you. The amount of severance typically depends on negotiation strategy and the circumstances of the case (length of employment, company’s financial situation, etc.), but it can be significantly higher than it would be “without pregnancy.”

Frequently asked questions (FAQ)