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.

Accordingly, special rules apply to pregnant and breastfeeding women when it comes to physically or mentally demanding work.

As an employer, you are not permitted to employ pregnant or breastfeeding women in the following activities:

• Night work
• overtime
• continuous flow work
• piecework
• other work in which higher pay can be achieved in return for a higher work rate

You can apply for an exemption from the authority responsible for occupational health and safety.

Night work is when work is carried out between 10 pm and 6 am.

If you employ a pregnant or breastfeeding woman aged 18 or over, this is considered overtime if she works

• over 8.5 hours a day
• over 90 hours in a double week (including Sundays)
• the contractually agreed weekly working hours exceed the monthly average

works more than the monthly average.

If you employ a pregnant or breastfeeding woman under the age of 18, this is considered overtime if she:

• over 8 hours a day
• over 80 hours in a double week (including Sundays)
• the contractually agreed weekly working hours exceed the monthly average

works more than the monthly average.

If there are other employers in addition to you, the working hours must be added together.

Authorization of overtime, night work, continuous or piecework does not replace the basic requirement to notify the supervisory authority that an employee is pregnant. This notification must be made as soon as the employer has been informed of the pregnancy.