Maternity protection
Under the Maternity Protection Act (MuSchG), employees receive special protection from occupational risks during pregnancy and after childbirth.
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 the birth, or 12 weeks in the case of premature or multiple births and (upon request) in the case of a disability of the child, provided this is medically diagnosed within the first 8 weeks,
- protection from activities involving particular stress or danger throughout 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 against overtime and night work,
- the right to an appropriately designed workplace during pregnancy and breastfeeding that enables you to continue working for as long as possible,
- the right to rest, resting and breastfeeding facilities on campus,
- time off for medical examinations related to pregnancy (e.g., pre‑ and post‑natal care) and for breastfeeding (at least 30 minutes twice a day during the first year).
Pregnant employees are generally exempt from work during the six weeks before the birth and the eight (or twelve) weeks after the birth of their child. They must also not perform activities before or after these periods that pose an “irresponsible risk” to the life or health of pregnant or breastfeeding employees or their child.
In the event of a miscarriage from the 13th week of pregnancy, there is also an entitlement to maternity protection. The duration depends on the week of pregnancy:
- from the 13th week: 2 weeks,
- from the 17th week: 6 weeks,
- from the 20th week: 8 weeks.
Further information
As a training institution and employer, TU Dortmund University is responsible for protecting the health of its employees and students in accordance with the MuSchG.
Please inform the Human Resources Department of your pregnancy as soon as it has been confirmed. Contact your responsible HR officer and submit proof of the expected date of delivery (e.g., a copy of your maternity record).
After receiving your notification, you will receive a letter with the exact dates of your maternity protection periods, information on the risk assessment procedure, and further opportunities for discussion.
You should also inform your direct supervisor.
If you are enrolled in a (doctoral) degree program, please also notify the Coordination Office for Maternity Protection during Studies (form for reporting a pregnancy during studies).
According to § 3 (1) MuSchG, employees may expressly waive the maternity protection period before childbirth and continue working. You must inform your employer (Human Resources Department)
of this in writing. You may revoke this declaration at any time (but not retroactively).
Under certain conditions (e.g., medical certificate, no irresponsible risk, and approval by the responsible supervisory authority), pregnant or breastfeeding employees may also work between 8 p.m. and 10 p.m. in accordance with § 28 MuSchG. This requires an application from the employer to the supervisory authority.
The regulations on health protection in the Maternity Protection Act explicitly refer to the health of pregnant and breastfeeding employees and their children.
The health protection regulations in the Maternity Protection Act explicitly refer to the health of pregnant and breastfeeding employees and their children.
Hazardous areas are primarily found in laboratory and workshop activities, infectious environments, and physical activities such as sports or music courses, internships, or excursions (e.g., in rough terrain). In some areas, the continuation of work depends not only on the activity itself but also on individual health conditions (e.g., immunity to certain infectious diseases).
A risk assessment must be carried out for all pregnant employees. This includes evaluating how you can continue your professional activity during pregnancy with as few restrictions as possible and with optimal health protection for you and your child. This also includes an offer from the university to discuss workplace adjustments, usually together with your line manager.
A risk assessment questionnaire from the Occupational, Environmental and Health Protection Department will help you determine and document the necessary protective measures. Further information is available in the service portal.
The provisions of the Maternity Protection Act relating to financial benefits concern wage replacement and apply only to employees, not to students or interns.
Maternity benefit (§§ 19–20 MuSchG)
As an employee, you 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 are not covered by statutory or family insurance. Application forms are available from your health insurance fund or the Federal Social Security Office (BAS). The employer pays a supplement to cover the difference between the maternity benefit (€13/day) and your average net earnings from the three months prior to the start of the six‑week protection period before the birth. This amount is later reimbursed to the employer by the health insurance funds via a pay‑as‑you‑go procedure.
Maternity protection pay in the event of an employment ban (§ 18 MuSchG)
If you are only allowed to work part‑time or not at all due to an employment ban outside the general maternity protection periods, you will receive maternity protection pay from your employer. This corresponds to your average earnings from the last three months before the start of pregnancy (or, if you started work after becoming pregnant, the first three months of employment).
Further information is available on the website of the Federal Ministry.