Maternity protection
Under the Maternity Protection Act (MuSchG), employees receive special protection from occupational stress during pregnancy and after the birth.
The provisions of the Maternity Protection Act generally include
- a protection period of 6 weeks before the birth,
- a protection period of 8 weeks after birth or 12 weeks in the case of premature and multiple births and (on application) in the case of a disability of the child, provided it is medically diagnosed within the first 8 weeks,
- protection from activities involving particular stress or danger during the entire pregnancy and during the breastfeeding period in the first year of the child's life,
- protection against work on Sundays and public holidays as well as overtime and night work,
- the right to an appropriate workplace design during pregnancy and breastfeeding that allows you to remain at work for as long as possible,
- the right to rest, resting and breastfeeding facilities on campus,
- time off for examinations in connection with pregnancy (e.g. pre- and post-natal care) and for breastfeeding (at least 30 minutes twice a day in the first year).
Pregnant employees are generally released from work for the six weeks before the birth and for the eight (or twelve) weeks after the birth of their child, as well as before and after these periods for activities that pose an "irresponsible risk" to the life of pregnant and breastfeeding employees or the child.
In the event of a miscarriage from the 13th week of pregnancy, there is also an entitlement to maternity protection. The duration of the maternity protection period depends on the week of pregnancy: from the 13th week, those affected are entitled to two weeks of maternity protection, from the 17th week six weeks and from the 20th week of pregnancy eight weeks.
Further information
As a training center and employer, the University of Dortmund is responsible for protecting the health of its employees and students in accordance with the MuSchG.
Therefore, please inform the Human Resources Department of your pregnancy as soon as it has been established. To do so, please contact your current HR officer and submit proof of the expected date of delivery (e.g. copy of your maternity record).
Following the notification of your pregnancy, you will receive a letter informing you of the exact dates of your maternity protection periods, the risk assessment procedure and further information and discussion opportunities.
Of course, you should also inform your direct superiors about your pregnancy.
If you are also enrolled in a (doctoral) degree program at the university, you should also inform the Coordination Office for Maternity Protection during Studies of your pregnancy(form for reporting a pregnancy during studies).
According to § 3 para. 1 MuSchG, employees can expressly waive the maternity protection period before giving birth and continue to work. You must inform your employer(Human Resources Department) of this in writing. You can revoke this declaration at any time (but not retroactively).
Under certain conditions (e.g. medical certificate, no irresponsible risk and after approval by the responsible supervisory authority), pregnant or breastfeeding employees can also be employed between 8 p.m. and 10 p.m. in accordance with § 28 MuSchG. An application from the employer to the supervisory authority is required for this.
The regulations on health protection in the Maternity Protection Act explicitly refer to the health of pregnant and breastfeeding employees and their children.
Hazardous areas are primarily found in activities in laboratories and workshops as well as in infectious areas, but also in physical activities such as sports or music courses and internships as well as possibly in excursions (e.g. if these take place in rough terrain). In some areas, the continuation of the respective activity depends not only on the activity itself but also on the health conditions of each individual person (immunity to certain infectious diseases). In the course of a "risk assessment", it is clarified which activities may and may not be carried out during pregnancy and breastfeeding.
A risk assessment must be carried out for all pregnant employees. This must also include an assessment of how you can continue your professional activity during pregnancy - with as few restrictions as possible and optimum health protection for you and your child. This also includes an offer from the university to discuss a workplace design adapted to your situation, usually with your line manager.
A risk assessment questionnaire from the Occupational, Environmental and Health Protection Department will help you to determine and document your health protection during pregnancy. Further information can be found in the service portal.
The provisions of the Maternity Protection Act that relate to financial benefits concern wage replacement benefits and only apply to employees, not to students and interns.
- Maternity benefit (§§ 19-20 MuSchG) As an employee, you will receive maternity benefit from your health insurance fund during the statutory maternity protection periods before and after childbirth or from the Federal Insurance Office if you do not have statutory health insurance or family insurance. You can obtain the application forms for this from your health insurance fund or from the Federal Social Security Office (BAS). The employer compensates the difference between the maternity benefit (€13/day) and the average net pay for the three months prior to the start of the six-week protection period before the birth with a subsidy. (This amount is later reimbursed via a pay-as-you-go procedure by the health insurance funds, so that the employer does not incur any expenses during the maternity protection period).
- Maternity protection pay in the event of a ban on employment (§ 18 MuSchG) If you are only allowed to work part-time or not at all in connection with pregnancy and childbirth outside the general maternity protection periods due to a ban on employment, you will receive maternity protection pay from your employer. This corresponds to the average pay for the last three months before the start of the pregnancy (or - if you only started work after the start of the pregnancy: the first three months of employment).
You can find more information on the website of the Federal Ministry.