Regelungen zum Mutterschutz: Schwanger - und nun? Wann ein Beschäftigungsverbot nötig ist

When a female employee is pregnant, it doesn't automatically mean her employer can immediately place her on full sick leave and she can no longer work. Whether an employment ban is necessary and useful depends on several factors. What legally applies in detail and what additional statutory protection regulations still exist, explains Cologne-based labor law specialist Volker Görzel.

Protection for the mother The Pregnant Protection Act (MuSchG) is intended to protect the health of pregnant women and breastfeeding mothers while also aiming to allow continued employment in accordance with the principle of the Pregnant Protection Act. The decisive factors in ensuring pregnant protection are both the health status of the pregnant woman and the specific working conditions, Görzel says.

If a doctor determines that there is a risk to mother or child due to the individual health situation, an employment ban may be required. What must the employer do? To ensure pregnant protection, the employer must conduct a risk assessment. In principle, he must check whether the job or working conditions represent an unreasonable risk to the pregnant woman or her child, Görzel explains according to the Pregnant Protection Act.

If so, he must look into whether he can adjust the job to exclude the risk. If the current job can no longer be safely performed, the employer must see if a suitable and reasonable alternative job is possible. Important: The switch to another suitable job may not result in the employee facing financial disadvantages due to her pregnancy – the Pregnant Protection Act also aims to prevent that.

When is an employment ban necessary? If the employer cannot exclude the risk through workplace protection measures or a job change, he may not continue employing the pregnant woman in that specific job. Then an employment ban is conceivable. This does not necessarily have to come from a doctor. There is also an employment ban at enterprise level, Görzel adds.

In some cases, only a portion of the previous employment may be affected. A doctor can issue a partial employment ban depending on the health situation, Görzel explains. Sometimes only a reduced daily working time or exclusion of certain activities suffice, according to Görzel. By the way: When an employment ban is in place, the employer may not reduce the vacation entitlement solely because of it.

The employee can take unused vacation after the protection period or subsequent parental leave under the statutory conditions. Legal protection periods In addition, there are statutory protection periods that apply regardless of whether the specific job and workplace are dangerous for mother and child. Six weeks before the expected delivery date, pregnant women enter the protection period.

They may then only be employed if they expressly agree. They can revoke their consent at any time. After birth, there is generally an employment ban for eight weeks. The protection period can extend to eight weeks in the case of early or multiple births. Since June 2025, a revised Pregnant Protection applies after a miscarriage from the 13th week of pregnancy.

The protection period initially lasts up to two weeks, up to six weeks from the 17th week of pregnancy, and up to eight weeks from the 20th week of pregnancy. Affected women can also explicitly consent to continued work here, but can revoke this decision later. Personal: Volker Görzel is a labor law specialist in Cologne and heads the expertise committee on enterprise structure and participation at the German Association of Labor Lawyers (VDAA).