Maternity leave
Maternity leave applies to all pregnant and breastfeeding women who are employed.
To ensure compliance with maternity protection regulations, women should inform their employer of their pregnancy and the expected date of delivery as soon as they become aware of these facts. Protection against termination applies during pregnancy and for 4 months after delivery.
Expectant mothers may only be required to work during the last six weeks before delivery with their consent. After childbirth, there is a work restriction of eight weeks, or twelve weeks in the case of premature or multiple births. In the case of medically indicated premature births or other early deliveries, the maternity leave period following childbirth is extended by the number of days that could not be taken prior to delivery.
If a disability is diagnosed in the child within eight weeks after childbirth, the mother may apply for an extension of the protection period from eight to twelve weeks.
To protect women from financial hardship during this time, the Maternity Protection Act provides for various maternity benefits:
- maternity allowance
- the employer’s contribution to the maternity allowance during the maternity leave period
- wages during periods when work is prohibited outside the maternity leave periods (so-called maternity leave pay)
Maternity allowance is paid for the maternity leave period and for the day of delivery. Outside the maternity leave period, it is possible to receive maternity leave pay. The maternity leave period normally begins 6 weeks before the birth and ends 8 weeks after the birth.
The amount of the maternity allowance is based on the average net wage for the last three months, up to a maximum of 13 euros per day. The average is calculated from the last three calendar months for which payroll was processed before the start of the maternity leave period.
If the net pay during this period was higher than 13 euros per day, the employer pays the difference—the employer’s contribution to the maternity allowance.
The employer can be reimbursed by the health insurance provider for the employer’s supplement to the maternity allowance.
The statutory health insurance provider reimburses the employer in full for the following expenses. This also applies to those with private health insurance:
- Employer’s contribution to maternity pay,
- maternity leave pay,
- the employer’s contributions to statutory health insurance, pension insurance, and unemployment insurance attributable to the maternity leave pay.
The application for maternity pay is submitted to the health insurance provider. The employer’s contribution to maternity pay is requested from the employer. An informal letter is usually sufficient for this. If the employer requests a certificate of pregnancy, it can be issued by a doctor or midwife. The employer bears the costs for this.
Employers are required to notify the relevant supervisory authority (state occupational safety and health or labor inspection offices) of the pregnancy. Employers must employ an expectant or breastfeeding mother during pregnancy and after childbirth in such a way, and arrange her workplace in such a manner, that she is adequately protected from health hazards.
In cases of doubt, the regulatory authority will determine whether the specific workplace and working conditions could pose a risk to the expectant or breastfeeding mother. Women and employers may contact the regulatory authority if they have any questions or uncertainties.