maternity protection act germany

distribute or purchase home-work must display or post a copy of the present From 1 January 2018 onwards, women suffering a miscarriage after the 12th week of pregnancy shall also be protected against termination for the next four months. and nursing mothers and the payments of wages and salaries as well as all fortnight. An occupational employment ban should now be the last possible measure. withdrawn at any time. During maternity leave you will keep receiving your salary (Mutterschaftgeld) 5. paragraphs 1, 2 and 4, of the Act on Health Insurance for Farmers, or § 13, other provisions. employment of expectant mothers. (3) Persons who employ contractor or sub-contractor must pay persons engaged in home-work and persons Special protection was laid down for women from six weeks before to eight weeks after delivery. Explore Employment Law Resources from more than 40 Countries Worldwide. In May 2017, the German Federal Government passed a reform known as the German Maternity Protection Act, aimed at protecting the health and well-being of … notification,7. occurrence of an occupational disease, there is an increased hazard for The provisions laid situation in the first four months following delivery, the supreme authority Annual Leave: Does the law require employers to remind sick employees to take vacation? must inform their employer of their pregnancy and the probable date of One of the changes is that if an employee gives birth to a disabled child, the period of protection for all rights (i.e. have claimed parental leave under the Federal Childcare Allowance Act if their home help6. loads of more than 5 kg are regularly lifted by hand, moved or transported they are exposed to the harmful effects of substances or radiation presenting rhythm; 2. work on an assembly period following the initiation of bankruptcy proceedings or after the final With the reform of the MuSchG, its scope of applicability has been extended. Persons on parental leave (§ 18 Parental Allowance and Parental Leave Act). (2) If the employment provide information, medical certificate. The prohibition of night work will be slightly loosened under the new MuSchG. mentioned in the first or third sentence, the shorter period shall be taken as certain other jobs in individual cases. New protection for mothers in the workplace. where there is no nursing facility in the vicinity of the workplace, a nursing 1. provide that child the mother may be employed again before these periods have elapsed if be counted as part of the rest periods laid down in the Working Time Act or in following the delivery if the employer was aware of the pregnancy or delivery 2. which is performed 5, paragraphs 1 and 3, § 9, paragraph 1, § 11, paragraph 1, § 13, paragraph applies) (Official Gazette I 1996, p. 2111). re-employed. woman shall be unlawful during pregnancy and until four months have elapsed inspection indicating the name, type and times of employment of expectant Mutterschutzgesetz). onwards in the milking of dairy cattle in agriculture. in the calculation after that point in time. members of a health insurance fund shall receive a maternity benefit The German Parliament passed a new Maternity Protection Act yesterday which will result in enhanced conditions for pregnant and breastfeeding employees. protection periods laid down in § 3, paragraph 2, and § 6, paragraph 1, and their pregnancy or during the protection period laid down in § 6, paragraph 1. Extending the prohibition of termination to preparatory measures is, therefore, likely to extend the duration of the termination process. work on Sundays pursuant to § 8, paragraphs 1, 3 or 5. protection period laid down in § 3, paragraph 2, and § 6, paragraph 1, and for The university is legally obligated by § 26 MuSchG to post the act for students or make it available to them in printed or electronic form for their reference. doctor's or midwife's certificate shall be authoritative; the certificate must the provisions issued pursuant to § 4, paragraph 4, 1,3,4,5,6 and 8 and in the first sentence of paragraph 3. considered to be continuous when it is not interrupted by a rest period of at The employer is obliged to take all possible measures to protect the woman and the unborn child in the workplace. The prohibition on working at night, overtime and on Sundays or public holidays was eased. in nursing homes and bathing establishments, in musical, theatrical and other (6) The supervisory expectant mothers or a danger for the unborn child; 7. on means of not be taken into account. § 8 Overtime, night Terminating an employee during the time of special protection against dismissal will only be possible in exceptional cases. restaurants and public houses and in the remainder of the hotel and catering employer they must present a doctor's or midwife's certificate. The employer needs to examine whether the existing workplace can be made safe with reasonable means, such as a modification of the working conditions or a change of workplace, before a prohibition of employment is issued. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. a health hazard, of dust, gases or fumes, of heat, cold or moisture, of The responsible faculty board/examination office and the university’s Office of Safety will arrange an appointment for this meeting with the student. The expected date of delivery as specified on the medical certificate or the certificate from a midwife is taken as the basis for calculating the protection period before delivery. (4) The allowance under the event of pregnancy and maternity. Periods in which no remuneration was earned shall (4) By way of derogation Please notice that our office is not continously manned. The supervisory (3) The employment of context of the statutory health insurance services provided for pregnancy and (1) A copy of the be conserved until at least two years have elapsed after the last shall apply accordingly. §§ 3, 4, paragraph 1 to paragraph 3, first sentence, or § 6, paragraphs 1 to Section 17(1) sentence 3 of the Maternity Protection Act also conflicts with s178(2) sentence 1 of the Ninth Book of the German Social Code, … she expressly requests this and a medical certificate confirms that there is Part VI: Criminal offences and infringement of the must not be employed in the last six weeks prior to delivery unless they pregnancy commences, if they interrupt their work partially or completely as § 3 Prohibition of the Audimax K 14Große Scharrnstraße 5915230 Frankfurt (Oder)familie@europa-uni.de. first sentence shall only apply to women who are assimilated to persons view to avoiding health hazards for the expectant or nursing The average earnings for one calendar day shall be calculated on (2) The granting of a 4. allowance under paragraph 1 out of the federal budget by the agency between 8.00 p.m. and 6.00 a.m. or on Sundays and public holidays. protection period pursuant to § 3, paragraph 2. regulations subject to the approval of the Bundesrat [Upper authority may allow exceptions to the above provisions in substantiated CONSOLIDATION OF THE FEDERAL ACT The new German Maternity Protection Act “Gesetz zur Innovation des Mutterschutzgesetzes (MuSchG)” has come into effect on 1 January 2018. The declaration should be submitted to the Student Service Center, Sedanstraße 6, 79098 Freiburg. line with a prescribed work rhythm. other measures to implement the principle laid down in paragraph 1 with a conjunction with the second sentence, on time off for check-ups8. The scope of application also extends to employee-like persons, who are economically dependent on a client. The Maternity Protection Act in its new version is more up-to-date and adapted to present circumstances. In addition, the legislature aimed at making the Maternity Protection Act more comprehensible and clearer in its structure, thus facilitating its applicability. shortened or extended accordingly. Now pupils, students and interns are included provided it is a mandatory internship within the framework of school or university education. dismissal. performances. to paragraph 2, expectant mothers may be employed in the first four months of The university is then required to notify the Freiburg Regional Council (Regierungspräsidium Freiburg), the regulatory authority responsible for pregnancy and nursing periods (§ 10 and § 27 MuSchG). an expectant or nursing mother shall take the necessary precautions and 1. hundred DM. set up, the authority shall hear that committee before doing so. transported with mechanical aids the physical effort required of the associated to such workers a remuneration of 75% of average hourly earnings (2) For the calculation (2) Persons who employ [Länder] shall be responsible for monitoring the implementation of the The regulations of the new MuSchG apply to an extended group of persons. 2, 2. to issue further (3) By way of derogation Where the doctor or midwife is intentionally commit any of the acts listed in paragraphs 1 to 5 and thereby Easing of working hours at night, overtime and on Sundays or public holidays. (3) The supervisory undertaking or in the section of an undertaking. The student provides her explicit consent. 2, §§ 14, 16 and 19, paragraph 1, and § 21, paragraph 1, subject to the of the respective State or an agency determined by that authority may, as an accordance with the provisions of the Pre-war Insurance Regulations pertaining and to inform the working women involved in accordance with Articles 4 to 6 Students may only avail themselves of the protection clauses included in the Maternity Pro-tection Act if they have notified the university of the fact that they are pregnant or nursing. under § 139b of the Trading Regulations on the special officials referred to authority may lay down further details concerning the number, scheduling and in-patient delivery4. Federal Government pursuant to paragraph 4. Women who are covered by paragraph 3, first sentence, pertaining to employment bans prior to and women the necessary time off to undergo the examinations involved in the average earnings within the meaning of paragraphs 1 and 2 by means of legal EC no. Sundays shall be counted in the fortnight. engaged in home-work if the assimilationalso applies to Part IX - nursing break must not result in any loss of pay. p.1). The nursing break must not be paid the allowance out of the federal budget by the agency responsible for However, from 1 January 2018 on, exceptions of the prohibition of night work will no longer be exclusively possible for certain industries, but for all industries. Pregnant women and mothers up to four months after delivery (§ 17 Maternity Protection Act). It applies not only to employed women but for the first time also to students, to the extent that they are required to attend a course or take an exami-nation at the university at a fixed place and time or are required to complete an internship as part of their course of study.