Your rights as a pregnant woman in the probationary period

Being pregnant during a probation period can feel unsettling. You may wonder what happens to your new job, whether dismissal protection already applies, and when you must inform your employer. The key point: German maternity protection law (Mutterschutzgesetz) shields you from dismissal even during probation. Our article explains your rights, your obligations, and the steps to take if you receive a termination notice.

Key takeaways:

• Pregnant employees enjoy special dismissal protection under the Maternity Protection Act (Mutterschutzgesetz). Once the employer knows about the pregnancy, a dismissal is generally invalid.
• The protection also applies during the probation period, regardless of company size or length of service.
• A termination is only possible with approval from the state authority – in practice, this almost never happens.
• The protection starts at the beginning of the pregnancy, even if the employer is informed later.
• Two deadlines matter: notify the employer of the pregnancy within 2 weeks after receiving the termination and file a claim in court within 3 weeks.

Pregnancy and probation – a special situation

Probation periods are meant to keep things flexible for both sides. Employers can end the contract quickly, and employees can also walk away without long notice periods. Pregnancy, however, is legally treated as a protected situation: the Mutterschutzgesetz prioritises health, income security, and protection against dismissal. As a result, the usual flexibility of probation is limited once pregnancy enters the picture.

Dismissal protection for pregnant employees

Pregnant employees enjoy special protection against dismissal under German labor law, ensuring job security during one of life’s most important phases. This section explains how long the protection lasts, when it begins, and what financial and legal safeguards apply during maternity leave.

How long does the protection last?

The Mutterschutzgesetz protects pregnant employees against dismissal from the moment the pregnancy begins until four months after childbirth. During this time, employers are generally prohibited from ending the employment relationship.

Financial protection during maternity leave

Pregnant employees receive maternity pay (Mutterschaftsgeld) plus an employer top-up to maintain their average net salary. Any contract clause that reduces these rights is invalid.

Dismissal only with authority approval

A dismissal is only valid if the state authority for occupational safety (for example, LAGetSi in Berlin) grants explicit approval. This is extremely rare because the employer must prove that the termination has nothing to do with the pregnancy – a high bar.

When does the protection start?

The protection applies only once the employer knows about the pregnancy. If you receive a termination before telling them, you can still “activate” the protection by informing the employer within 2 weeks of receiving the notice. If you genuinely did not know you were pregnant, the deadline can be extended.

Probation period rules in Germany

During probation, the general dismissal protection law (Kündigungsschutzgesetz) does not apply. Either side can end the contract with only 2 weeks’ notice and without giving reasons. This normally makes probation the most vulnerable phase of employment – except when pregnancy is involved.

Special dismissal protection for pregnant employees during probation

Under of the German Civil Code (BGB), a probation period can  last a maximum of six months. It cannot be extended simply because the employee is pregnant. The employer must decide within those six months whether to continue the employment relationship.

The Mutterschutzgesetz applies regardless of company size – even in companies with fewer than 10 employees where normal dismissal protection does not apply. Pregnancy protection stands above the usual probation rules.

Exceptions to dismissal protection

Although the protection is pretty strong, there are rare situations where termination may be approved:

1. Approval by the state authority

You can be dismissed only if the relevant state authority approves the employer’s request. However, this is only possible for exceptional reasons, such as serious misconduct by the employee or the closure of the business. The employer must provide evidence for these reasons, and the authority carefully reviews whether the dismissal is justified. Without this approval, the dismissal is invalid. In practice, the requirements of the authorities are very strict, so approval is a rare exception. Examples of reasons for which the authority may approve a dismissal include:

• The employee has committed particularly serious breaches of contractual duties or intentional criminal acts that make it unreasonable for the employer to continue the employment relationship.
• The business or department where the employee works is being closed or relocated, and the employee cannot be transferred to another branch of the company.
• Continuing the employment relationship after parental leave would endanger the existence of the business or the employer’s economic viability.
• In very small businesses (usually with five or fewer employees), the employer’s survival depends on urgently hiring a suitably qualified replacement, which can only be done with a permanent employment contract.

The requirements are therefore relatively strict.

2. Employer unaware of pregnancy

If the employer does not know about the pregnancy and the employee misses the 2-week notification period after dismissal, the termination may remain valid. If the delay was unavoidable (e.g., pregnancy confirmed later), protection may still apply if notification is made immediately afterward.

3. Fixed-term contracts

The law protects against dismissal, not against expiry. A fixed-term contract still ends on the agreed date, even if the employee is pregnant. Maternity pay continues, but only the health insurer pays after the contract expires.

Rights of pregnant employees during probation

Pregnant employees benefit from all maternity protection rights, including:

• Ban on heavy lifting, night shifts, and hazardous work
• Paid time off for medical check-ups
• Maternity leave and maternity pay
• Protection against wage loss when a doctor orders a work ban (Beschäftigungsverbot)

What to do if you receive a termination during probation despite pregnancy

1. Notify your employer in writing: Send a written notice (ideally by registered mail) stating that you are pregnant. If you already received a termination, you have 2 weeks to do this.
2. Submit a medical certificate: Provide a doctor’s certificate confirming the pregnancy and expected due date. Ask the employer to confirm receipt in writing.
3. Have the termination checked: Since dismissals during pregnancy require state approval, most are invalid. A lawyer can verify this quickly.
4. Get advice and support: Consult a labour lawyer, a union, or counselling centres such as the anti-discrimination office. You do not have to manage this alone.
5. Mind the 3-week lawsuit deadline: To challenge the dismissal in court, you must file a claim within 3 weeks of receiving the notice. Missing this deadline usually makes the termination final.

Frequently asked questions (FAQs)