Employment ban during pregnancy: your rights under German labour law

  • Nora Mueller
  • 17. January 2025
  • 11:17

When does an employment ban apply during pregnancy? For example, in the case of multiple pregnancy, risks of premature birth or in the case of extreme nausea, back pain or psychological stress, an employment ban during pregnancy can apply. And allow the expectant mother to stay at home and not go to work. However, a so-called employment ban during pregnancy not only serves to protect the pregnant woman, but also to prevent health risks to the unborn child that may arise from work. Incidentally, this is why the termination of an employed pregnant woman during the protected period of the employment ban is generally not permitted by law.

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What types of employment bans are there during pregnancy?

In Germany, we distinguish between the general and the individual prohibition of employment. Both are regulated by the German Maternity Protection Act and can apply to certain tasks as well as to the entire job.

General prohibition of employment

The general prohibition of employment, also known as the prohibition of employment for pregnant women, applies to certain activities or working conditions that are generally unsuitable for pregnant women. Some examples are:

  • Working on Sundays and public holidays, which is only possible with special permission,
  • Night work between 8 p.m. and 6 a.m.,
  • Working with substances that are harmful to health (e.g. chemicals),
  • Activities that involve a high risk of accident (lifting, physical strain).
Individual employment ban

A doctor may issue an individual employment ban for a specific case if a pregnant woman and her child are at risk. The following reasons may apply for an individual employment ban during pregnancy:

  • Pregnancy complications
  • Physical strain due to work
  • Preterm labour
  • Risk of premature birth
  • Multiple pregnancies
  • Severe physical complaints such as nausea or pain
  • High psychological stress
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Employment ban and exemption during pregnancy – What you should bear in mind

Medical certificate and proof of risk

An individual employment ban and the health risk must be proven by a medical certificate. The medical certificate contains information on how long the employment ban will last and what kind of work the pregnant woman is no longer allowed to do.

Financial compensation for pregnant women

The pregnant woman must not suffer any financial disadvantage as a result of the prohibition on employment imposed on her. She therefore continues to receive her wage, the maternity protection wage. This is the average earnings of the last three months before the onset of pregnancy.

Employer’s duty of inspection

Precisely because the maternity protection wage can be lower than the actual salary of a pregnant employee, the employer must check whether he can avoid a ban on employment, for example by relocating the pregnant woman to a suitable workplace.

Example: The laboratory assistant, who otherwise handles chemicals, no longer performs any laboratory tests from the beginning of her pregnancy, but her non-pregnant colleagues do. The pregnant woman only analyses the laboratory values on the computer.

Tip: The exemption from work is always only the last resort for the employer if protective measures or a change of workplace are not possible. Pregnant women who are unsure whether the protective measures are lawful can contact the trade supervisory board or the responsible supervisory authority for company audits. It is best to be represented in order to protect your rights.

Tip: The exemption from work is always only the last resort for the employer if protective measures or a change of workplace are not possible. Pregnant women who are unsure whether the protective measures are lawful can contact the trade supervisory board or the responsible supervisory authority for company audits. It is best to be represented in order to protect your rights.

When does the employment ban apply during pregnancy?

The general ban on employment applies immediately upon the employer becoming aware of the pregnancy. Therefore, every pregnancy should be reported to the employer at an early stage so that the employer can take the necessary protective measures. The individual ban on employment applies from the time the employer is presented with the medical certificate.

The following statutory maternity protection periods apply in addition to the ban on employment:

  • There is a right to exemption six weeks before the birth, unless the pregnant woman wishes to work voluntarily.
  • There is a so-called absolute ban on employment for a period of eight weeks after the birth. This period is extended to 12 weeks in the case of multiple or premature births.

If you become pregnant again during (unpaid) parental leave, you should contact your employer again immediately. Although parental leave must be continued, it can be terminated by statutory maternity protection.

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Who pays during pregnancy?

Since the pregnant woman continues to receive the aforementioned maternity pay from her employer when the ban on employment is issued, the employer incurs financial costs. However, the employer’s expenses, such as the maternity pay or allowances for this, are reimbursed by the affected employee’s health insurance fund.

Dismissal despite pregnancy – is that possible?

Even though an employer receives financial compensation for the maternity pay, the employer can still terminate the contract. However, dismissing a pregnant employee is prohibited in Germany. The reason for this is that otherwise no woman would want to become pregnant for fear of losing her job. This special protection against dismissal during pregnancy applies from the time the employer learns of the change in circumstances and for four months after the birth.

Are there exceptional cases in which a pregnant woman can be dismissed? Yes, with the prior consent of the relevant supervisory authority, the employer can still issue a dismissal. These exceptions are very rare in practice and apply, for example, to plant closures or serious breaches of duty by the employee.

Please note: Without this state approval, a dismissal is not valid and the pregnant employee is even entitled to demand her continued employment in court.

What should you bear in mind when giving notice?

Have you received a notice of termination even though you are not allowed to work because of your pregnancy? You should bear the following advice in mind:

Talk to a lawyer

Your pregnancy is already a physical and psychological burden. We advise you to contact a lawyer to avoid the stress of communicating with your employer regarding your rights.

Have the termination (and the action against unfair dismissal) checked

Have the termination reviewed by your lawyer. Since terminations during pregnancy are generally not permitted, you have a good chance of success in an action against unfair dismissal – especially if you are prohibited from working.

If necessary, you (or your lawyer) can negotiate a substantial severance payment

Since the risk of legal proceedings for an employer in the event of a dismissal despite a prohibition on employment is generally high, your lawyer may suggest negotiating a severance payment for you. As usual, the amount of the severance payment depends on the negotiation strategy and the circumstances of the case (how long you have been employed, the company’s financial situation, etc.), but it can be significantly higher than ‘without pregnancy’.

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All information on our website is of an editorial nature and expressly does not constitute legal advice. Naturally, we have made every effort to ensure the accuracy of the information and links contained on this website. Nevertheless, we cannot guarantee the accuracy of the information. It is in no way a substitute for legal advice from a lawyer.