Prohibition of employment during pregnancy
You're pregnant and sick? You can no longer work because of certain risks in the job or discomfort during pregnancy? We'll give you an overview of when intervenes prohibition of employment and what is different with a disability.
Maternity Protection Act provides for mother and child
Photo: © Colourbox
If you are pregnant and working, you should inform your employer. In your own interest, because for you as an employee then he has a special duty of care. share most expectant mothers to their boss the pregnancy the beginning of the fourth month of pregnancy with when the greatest risk is over for a miscarriage. From this point, the employer is then responsible for ensuring that the pregnant woman and her child suffer no damage to health in the workplace after maternity leave law. In most cases, that expectant mothers get a seat at their workplace and can take regular short breaks have sufficed for. Because this is not always possible or the employer does not comply with the, in some cases, a general or individual employment prohibition (BV) is necessary to protect the health of both mother and child. For the employer, this means that he will have you either indemnify (against sick pay) from work or assign you another work on the holding which meets the necessary requirements.
Labor protection also applies to trainees or mini jobbers
The special working protection for pregnant professionals applies to all expectant mothers who are in an employment relationship. So even for part-time workers, domestic workers, home workers, trainees or women in mini-jobs. For civil servicemen special schemes exempted defines the civil service law apply.
General prohibition of employment 14 weeks of maternity leave before and after birth
Principles must Pregnant do not work in the last six weeks before the birth and eight weeks after birth, for it is considered a so-called general prohibition of employment. In special circumstances - such as a premature or multiple births - the deadline is extended. Important: To 01/01/2017 applies a new version of the Maternity Protection Act, because it was reformed in parts. The new regulations concerning, for example, Students and pupils, then the Maternity Protection applies to the future before and after birth. In addition, mothers then get after the birth of children with disabilities an extended protection period of up to twelve weeks.
General prohibition of employment: the case of hazardous activities
In addition to the maternity leave before and after birth, the Maternity Protection Act in Section 4 lists in detail work that pregnant women are prohibited. Do not let them in the job avoid applies to the expectant mother a general prohibition of employment attesting to a physician. Typical hazardous work include:
- Heavy lifting weights
- has tasks for which the pregnant women often stretch strong, bend down low or move hunched
- Working with high risk of accidents
- Activities where cold, moisture, dust or odors can cause harm to pregnant women
- Work under pressure, on the assembly line or in the chord
General prohibition of employment: rules for certain professional groups
special rules that mother and child also apply to some groups protected under the Maternity Protection Act - which governs inter alia Paragraph 4 in the Maternity Protection Act. Only a concrete example: An expectant mother who works as a bus or train driver, must not be used as drivers from the third month of pregnancy. Also specifies Paragraph 8 of the Maternity Protection Act on overtime, night and Sunday work for pregnant workers to certain industries such as catering, agriculture or art and culture detail exceptions established that take into account the often unusual working hours, without neglecting the protection of women: For example, should Artists by arrangement still working in the first four months of pregnancy very late in the evening.
Special Rules for nurses, educators and teachers
Since 2005, the EU Biostoffverordnung applies to pregnant women in the medical field, for nurses, for educators and teachers. It says that even day-care centers, kindergartens, schools, care facilities, clinics and doctors' offices are classified as risk work. Pregnant staff must here demonstrate adequate immunization, or they get a prohibition of employment - unless the employer puts them on a workstation without contact with patients or children. The reason: Just typical childhood diseases such as mumps, rubella or chickenpox are dangerous for the unborn child, because they increase the risk of premature, miscarriage or stillbirth and malformations.
Individual employment prohibition: protection from pregnancy symptoms and more
When individual employment prohibition it comes to the special circumstances that require the special protection of mother and child in a particular job or in the course of an individual pregnancy: For example, at-risk pregnancies, the risk of premature birth, multiple births, a cervix weakness, strong and long-lasting pregnancy nausea and vomiting, severe back pain and other health problems because of a pregnancy, which make a normal workday impossible. In addition, other reasons that have to do with the environment of the job can jeopardize so much the health of mother and child that the doctor pronounce an individual employment prohibition: For example, mental stress, arduous commutes or odors that cause nausea and other ailments - and those of a pregnant woman, for example, is constantly exposed in a canteen, perfumery or in a chemical plant. but for a prohibition of employment you must not be sick. The very fact that your health and the baby are in danger of ranges.
Individual employment prohibition: That must be in certificate
Basically, every resident doctor can issue a certificate of an individual employment prohibition. Midwives is the contrast not allowed. In the certificate, a doctor must determine whether the prohibition of employment applies to all activities of the job or if the pregnant woman may perform light work or perhaps simply can only work a few hours a day. Thus, the employer gets the chance to use the expectant mother in a less hazardous work area - if that is possible because of the size of the work content and existing positions in their respective companies. Important to know: The cost of such a certificate does not accept any health insurance. Ask better after previously there, otherwise you have to pay even the medical fees then. It is quite possible that the employer questions the reasons for the prohibition of employment, does not accept the certificate and requires follow-up. Which doctor will then take over the follow-up, which you choose yourself. The cost of the second certificate then transmits definitely your boss.
Prohibition of employment during pregnancy: employer pays lost wages
Pregnant professionals with a general or individual employment prohibition get their salaries continue by the employer as part of the wage payment obligation. You will then receive at least the previous wage, which corresponds to your average earnings of the last 13 weeks in your employment. Good to know: Even if the employer asks you for a prohibition of employment to another job is available, it may not reduce the wage anyway.
Leave entitlement in employment ban
It often happens that a pregnant employee has not yet used up their entitlement to leave before the employment ban. The good news: You can then after the expiry of the maternity protection period or the end of parental leave in the year or even the following year, the rest leave on time and against a ban on employment. So it looks Section 17 of the Maternity Protection Act. Basically, expectant mothers must go on vacation during a prohibition of employment as long as that does not endanger their health. However, the treating physician must confirm the safety of the holiday before departure. Whether you need to take a vacation this depends on whether there is still for you in spite of prohibition of employment an obligation to work.
What distinguishes the incapacity of the prohibition of employment?
It's simple: If the pregnancy the cause of a disease or the work endangers the health of expectant mother and child, it follows a general or individual employment prohibition. however, suffers from the pregnant woman to a non-pregnancy-related illness - for example, a cold or a gastrointestinal infection - and can therefore not go to work or their work would aggravate the disease, which is a case for a sick leave.
Pregnant and unable to work: Only paying employers, the health insurance
In the first six weeks after a sick leave your employer pays you wages continue in full. Are you after six weeks not yet ready for use again, you get a sickness benefit by the insurance company. But that is lower than your normal salary and is around 70 per cent of your last gross salary.
seek advice from experts: sickness in pregnancy
We can you here indeed not provide detailed explanations for each individual case, but does have a first insight into the key issues surrounding employment prohibitions and incapacity. If you have further questions or are unsure what applies in your particular case, you spent most of the experts when it comes to maternity leave. These are e.g. Professionals in your works or staff at your health insurance company, in your union, on professional associations or regulatory agencies for maternity leave. Below you will find links to the corresponding addresses.
Click here for more information
- An overview of maternity protection, laws, rules and regulations are the published by the Federal Ministry for Family Guide to maternity leave.
- Detailed information material for online viewing or downloading around the Maternity Protection provides the family signs the Family Ministry.
- All important questions about disability and employment ban answer professional associations such as the Professional Association for Health Services and Welfare or the regulators for maternity leave in your respective provinces.
- Here you can find the legal text of the Maternity Protection Act (Mutterschutzgesetz) in the text for future reference.