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Source: BUS Sachsen-Anhalt (Linie6PLus)

Display employment of a pregnant or breastfeeding woman

Description

The Maternity Protection Act applies to all pregnant and breastfeeding women who are in an employment relationship. A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth or is breastfeeding - regardless of the gender stated in the birth registration. When and whether the employed woman informs you as a company about her pregnancy or breastfeeding is up to her.

If you have received information about the pregnancy or breastfeeding period, you must report this to the competent authority.

Regardless of the type of employment relationship, the Maternity Protection Act also applies to

  • Women who work part-time,
  • Women in marginal employment (mini-job),
  • Women with fixed-term employment contracts or in the probationary period,
  • Women who are in vocational training and interns,
  • students
  • school pupils
  • Women with disabilities who are employed in a workshop for disabled people,
  • women who are volunteers within the meaning of the Youth Voluntary Service Act or the Federal Voluntary Service Act, and
  • women who work as members of a spiritual cooperative, deaconesses or members of a similar community in a permanent position or on the basis of an employment contract, including during the period of their extracurricular training there.
  • Women who are deemed to be employee-like persons (i.e. who are not subject to social security contributions but are subject to pension insurance contributions) as follows:
    • Occupational health and safety provisions of the Maternity Protection Act apply
  • Name and address of the company or training center
  • Name of the pregnant or breastfeeding woman who is employed by you or whom you intend to employ
  • the nature and duration of the work
  • the remuneration that has been paid to her
  • Information on whether the pregnant or breastfeeding woman is to be employed until 10 p.m., on Sundays and public holidays or with clocked work
  • Result of the assessment of the working conditions according to § 10 MuSchG

The responsible office can request further information and documents.

The competent supervisory authorities of the Länder for maternity protection and protection against dismissal.

You must provide notification of the employment of a pregnant or breastfeeding woman in writing or verbally. In the case of verbal notification:

  • You inform the authority of the pregnancy or breastfeeding period informally.

In the case of written notification:

  • A notification form is usually available online.
  • Download it and fill it out.
  • You can provide information about the type and duration of your pregnant employee's employment in order to avoid any queries from the supervisory authority.
  • Send the notification to the supervisory authority responsible for you.
  • As a rule, you will not receive a confirmation of receipt.

The Maternity Protection Act does not apply to

  • self-employed persons
  • board members and managing directors of legal entities or companies (unless they are also predominantly employed)
  • housewives

The reason for this is that they are not in an employment relationship.

There are special statutory regulations for the following professions:

  • Civil servants, judges and soldiers

Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ)

The text was automatically translated based on the German content.

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