Your rights at work in pregnancy and while breastfeeding: protection periods, pay, safe working conditions, dismissal protection and the new rules after miscarriage.
Who is protected?
- Covered: everyone who is pregnant, has just given birth or is breastfeeding and works in Germany, whatever their nationality, marital status or gender in the birth record.
- Any kind of job: part-time and mini-jobs, fixed-term contracts, probation, apprenticeships, internships, voluntary service, and often students and pupils with compulsory classes or placements.
- Not covered: the self-employed (with some exceptions), managing directors, civil servants (own rules) and adoptive mothers (§ 1 MuSchG).
- No application: protection applies automatically; your employer is responsible for it.
Telling your employer
- When: tell them as soon as you know you are pregnant, with your due date: that is what the law asks of you (§ 15 MuSchG). There is no fixed deadline or penalty, but your protection only works once your employer knows, and some workplace risks matter most in the first three months.
- Proof: if asked, a certificate from your doctor or Hebamme with the due date is enough, and your employer pays for it. They may not ask to see your Mutterpass: it holds sensitive health data that is not needed as proof (§ 15 MuSchG, cost: § 9 (6) MuSchG).
- Job interview: you do not have to reveal a pregnancy, even if asked. The question itself counts as sex discrimination (§ 3 and § 7 AGG).
- Personal talk: after you tell them, your employer must inform you about workplace risks and protective measures and offer you a personal conversation. (§ 10 MuSchG, § 14 MuSchG) Use it to discuss adjustments and your return after parental leave.
Working hours
- Daily maximum: 8.5 hours a day and 90 hours in two weeks (under 18: 8 hours and 80 hours). Not more than your contracted hours on monthly average. (§ 4 MuSchG)
- Rest: at least 11 hours of uninterrupted rest after work. (§ 4 MuSchG)
- Nights and Sundays: no work between 20:00 and 6:00 and none on Sundays or public holidays. Work until 22:00 or on Sundays is only possible if you explicitly agree, a doctor confirms it is fine and you are not working alone; you can withdraw your consent at any time. (§ 5 MuSchG, § 6 MuSchG, § 28 MuSchG)
- Check-ups: paid time off for prenatal check-ups, without making up the hours. (§ 7 MuSchG, § 23 MuSchG)
- Breaks: you must be able to take short breaks and lie down or rest when needed. (§ 9 MuSchG)
Safe working conditions
Your employer must rule out any unacceptable risk to you or your baby. (§ 9 MuSchG) Examples of work that is not allowed during pregnancy:
- Lifting: regularly lifting more than 5 kg or occasionally more than 10 kg by hand
- Standing: standing still for more than 4 hours a day after the 5th month
- Posture: frequent bending, stretching, crouching or other strained postures
- Substances: contact with harmful chemicals, certain viruses or bacteria, radiation, strong vibration, noise, heat or cold
- Fixed pace: piecework or assembly-line work with a fixed pace, if it puts you at risk
- Risky jobs: jobs with a high risk of falls, accidents or violence (§ 11 MuSchG)
If there is a risk
Adapt the job → Other work → Work ban, full pay
- Employer's steps: first adapt your workplace, then offer other suitable work, and only as a last resort stop you working (betriebliches Beschäftigungsverbot, § 13 MuSchG).
- Doctor's ban: your doctor can stop you working fully or partly because of your personal health (ärztliches Beschäftigungsverbot, § 16 MuSchG).
- Full pay: in all these cases you keep your full average pay (Mutterschutzlohn), with no time limit (§ 18 MuSchG).
- Not the same as sick leave: on sick leave your employer pays for 6 weeks, then Krankengeld starts. Ask your doctor which applies to you (§ 3 EFZG).
Protection periods (Schutzfristen)
6 weeks before → Birth → 8 weeks after
- Before birth: 6 weeks before the due date. You may keep working if you wish and can stop at any time. (§ 3 MuSchG)
- After birth: 8 weeks, with a strict ban on working (§ 3 MuSchG).
- 12 weeks instead: after a premature birth (under 2,500 g or needing extra care), multiple birth, or on request if a disability is diagnosed within 8 weeks.
- Baby came early? The days you missed before birth are added afterwards. (§ 3 MuSchG)
Money during the protection periods
Together, maternity pay and the employer top-up normally replace your full net pay:
- Statutory insurance (with sick-pay entitlement): Mutterschaftsgeld of up to 13 € per day from your Krankenkasse, plus your employer pays the difference to your average net pay. (§ 19 MuSchG, § 24i SGB V, § 20 MuSchG)
- Private insurance or family insurance: a one-off maximum of 210 € from the Federal Office for Social Security (Bundesamt für Soziale Sicherung, mutterschaftsgeld.de, tel. 0228 619 1888), plus the employer top-up. (§ 19 MuSchG)
- How to apply: with the certificate showing your due date. Maternity pay is tax-free but counts towards your tax rate (Progressionsvorbehalt).
- Self-employed: no automatic cover. You can insure yourself in advance through statutory insurance with sick-pay entitlement or a private daily sickness allowance (note waiting periods of up to 8 months).
- Unemployment benefit: the Krankenkasse pays maternity pay at the same level. If you receive basic income support from the Jobcenter, you can claim an extra pregnancy allowance from week 13 and a one-off grant for baby equipment. (§ 21 SGB II, § 24 SGB II)
Protection from dismissal
- Protected period: From the start of pregnancy until at least 4 months after birth, your employer cannot dismiss you, not even during probation. This also applies for 4 months after a miscarriage after week 12. Preparing a dismissal, such as hiring a permanent replacement, is also forbidden. (§ 17 MuSchG)
- Employer did not know: If you are dismissed and your employer did not know you were pregnant, tell them within 2 weeks and the protection still applies. (§ 17 MuSchG)
- Exceptions: only possible in rare cases (for example a business closing) and only with prior approval from the supervisory authority. (§ 17 MuSchG)
- Challenge it: To challenge an unlawful dismissal, file a claim at the labour court (Arbeitsgericht) within 3 weeks. You can do this yourself, even orally at the court office. (§ 4 KSchG)
- Elternzeit: If you take Elternzeit right after the birth, protection continues until it ends. (§ 18 BEEG)
- Resigning: You can resign yourself, but get advice first, as it may affect unemployment benefit and you lose the employer top-up. Elternzeit is often the better option.
Miscarriage and stillbirth
- New since June 2025: after a miscarriage from week 13 you can take a protection period of 2 weeks (from week 13), 6 weeks (from week 17) or 8 weeks (from week 20). It is your choice: tell your employer if you want to use it, or keep working. (§ 3 MuSchG)
- Before week 13: After a miscarriage before week 13 you are covered by normal sick leave if you cannot work, and you always have the right to medical care.
- Stillbirth: After a stillbirth (from 500 g or week 24) or if your baby dies after birth, the normal protection period after birth applies. You may return from the third week if you wish and a doctor agrees. (§ 3 MuSchG)
Breastfeeding at work
- Tell your employer: if you are still breastfeeding when you return; the same rules on working hours and safe conditions apply for as long as you breastfeed. (§ 12 MuSchG)
- Breastfeeding breaks: In the first 12 months you can take paid breastfeeding breaks: at least twice 30 minutes or once 1 hour a day. With more than 8 hours of continuous work: twice 45 minutes, or once 90 minutes if there is nowhere to breastfeed nearby. Travel time to your baby counts. (§ 7 MuSchG, § 23 MuSchG)
- Partial work ban: In the first months after birth your doctor can certify a partial work ban if you are not yet fully fit. (§ 16 MuSchG)
Your other rights
- Holiday: continues to build up during protection periods and may not be reduced. Unused leave can be taken later, even after Elternzeit. (§ 24 MuSchG)
- Your job: You have the right to return to a job matching your contract. (§ 25 MuSchG)
- Insurance: Health, pension and unemployment insurance continue without contributions. Up to 36 months of child-raising time count towards your pension. (§ 56 SGB VI)
- Elternzeit: parental leave, with deadlines and part-time rules, is explained in Elterngeld & Elternzeit.
Where to get help
- Workplace or dismissal: your state's maternity protection authority (Gewerbeaufsicht or Arbeitsschutzbehörde). Find your authority by state.
- Maternity pay: your Krankenkasse.
- Service line: federal family ministry, 030 20 179 130 (Mon–Thu 9:00–18:00).
- Money worries: In financial hardship during pregnancy, the federal foundation “Mutter und Kind” can help with baby equipment, rent or childcare. Apply during pregnancy through a local pregnancy counselling centre (Schwangerschaftsberatungsstelle). Find a counselling centre near you.
- Legal advice: On a low income you can get free legal advice with a Beratungshilfeschein from your local court (Amtsgericht). (§ 1 BerHG)
Sources