Das Mutterschutzgesetz gilt für alle Frauen, die in der Bundesrepublik Deutschland in einem Ausbildungs- oder Arbeitsverhältnis stehen, unabhängig von Staatszugehörigkeit und Familienstand. Das Gesetz gilt auch für Studentinnen jedoch nicht für selbstständig tätige Frauen. Der Mutterschutz für Beamtinnen ist in der sogenannten Mutterschutzverordnung festgelegt.

In order for the university to comply with the maternity protection regulations, women should inform the university of their pregnancy and the presumed date of delivery as soon as they are aware of these facts. If information about the pregnancy is provided at a later date, the protection regulations shall only apply once the women have made the notification. The costs for a medical certificate of pregnancy are borne by the university. Female employees of the university report their pregnancy to their responsible administrator.

Maternity protection ensures that preventive medical check-ups can also be taken advantage of during employment. They serve the health of mother and child. The mother-to-be should make an appointment for a check-up outside her working hours, if possible. If this is not the case, the employer must release the expectant mother from work without loss of pay. The prerequisite for this is that the screening is necessary.

From the beginning of the pregnancy until four months after the birth, the termination of the employment relationship by the company is not permitted. During this period, the employer may not terminate the employment relationship at a later date. The protection against dismissal only applies if the company was aware of the pregnancy or childbirth or if it is notified to the employer within two weeks of receipt of the dismissal (preferably by registered letter).

During pregnancy and the protection period after childbirth, the woman herself is not bound by the notice periods stipulated in the collective agreement. She can terminate the employment relationship without notice at the end of the protection period after the birth (8 weeks, 12 weeks in the case of multiple births, a disability of the child or premature birth).

As part of his duty of care, the employer of an expectant or breastfeeding mother is obliged to employ her and set up her workplace, including the machines, tools and equipment, in such a way that the mother and child are adequately protected against risks to life and health. To this end, the employer prepares a risk assessment after being informed of the pregnancy. This assessment shows which protective measures must be taken to protect the expectant mother and the unborn child. First, an attempt is then made to redesign the working conditions in such a way that the hazards are eliminated. If this cannot be guaranteed, it is possible to assign the expectant mother to another suitable workplace.

Under the Maternity Protection Act, a general ban on employment applies to expectant mothers if there is a risk to their physical or mental health or that of the child, such as through:

• work in which they are exposed to harmful effects of substances hazardous to their health (chemical substances, bio-materials such as fungi and bacteria), radiation, vapours etc,
• heavy, physical work involving regular lifting of loads weighing more than 5 kg or occasional lifting of loads weighing more than 10 kg without mechanical aids,
• work requiring frequent and considerable stretching or bending, or constant squatting or stooping,
• in work where occupational diseases may occur or where there is an increased risk to the expectant mother or a risk to the child due to the risk of developing an occupational disease,
• work involving an increased risk of accidents,
• work involving constant standing for more than four hours a day after the end of the 5th month of pregnancy.

Expectant or nursing mothers may also not be employed between 8 p.m. and 6 a.m. and not on Sundays and public holidays. They may work no more than 8 1⁄2 hours a day and no more than 90 hours in a double week.

If you have any questions about occupational health and safety and accident prevention, Ms Lisa Seeland will advise you on behalf of the university's occupational health service by email or by telephone on 0231 995 4125.

The Safety Department of the University Administration is also available to answer any questions you may have.

The protection period begins six weeks before and normally ends eight weeks after delivery. In the case of medical premature births, multiple births or the birth of a child with a disability, the protection period ends twelve weeks after delivery.
However, the expectant mother may, at her own request, expressly declare her willingness to work during the six weeks before delivery by means of a declaration that can be revoked at any time.
A medical certificate is decisive for the determination that a premature birth has occurred in the medical sense.
In the case of a premature birth as well as any other premature delivery, the protection period is extended after the birth by the period that could not be taken up before the birth.

A woman who is breastfeeding may claim breastfeeding breaks during working hours after resuming employment. Time for breastfeeding is assured by the Maternity Protection Act during the first 12 months after birth: at least half an hour twice a day or one hour once a day. In the case of continuous working time of more than eight hours, breastfeeding time of at least 45 minutes shall be granted twice at the woman's request. The working time shall be considered continuous if it is not interrupted by a rest break of at least two hours.

Under the Maternity Protection Act, the employer is obliged not to allow the breastfeeding woman to carry out any work where she is or may be exposed to hazardous substances. The same applies to activities involving bio-substances, physical effects, stressful working environments, piecework or assembly line work. Protective measures must be taken by the employer to enable the workplace to be redesigned or the breastfeeding woman to do alternative work. If it is not possible to take these protective measures, the employer must not continue to employ the breastfeeding woman.

Maternity benefit is paid by the statutory health insurance funds during the protection periods before and after childbirth as well as for the day of delivery. Maternity benefit can be applied for at the earliest seven weeks before the presumed date of delivery, as the relevant medical certificate may be issued at the earliest one week before the start of the protection period.

Maternity benefit from the statutory health insurance funds is only paid to members who are voluntarily or compulsorily insured.
The amount of maternity benefit is based on the average salary, reduced by statutory deductions, of the last three settled calendar months before the start of the protection period prior to childbirth.
In the case of women with a fixed monthly income, each month is considered to be equal to 30 days. The maternity benefit amounts to a maximum of 13 euros per calendar day. Even marginally employed persons with earnings of up to 450 euros who are themselves members of the statutory health insurance scheme and are not covered by family insurance (e.g. students) receive maternity benefits of up to 13 euros per calendar day if no pay is paid to them during the protection period.

If the average net daily wage exceeds the amount of 13 euros, the employer is obliged to pay the difference as a maternity allowance.
If the woman has a part-time job in addition to her full-time job, the income from the part-time job must also be taken into account when calculating the employer's allowance. The employer's allowance is to be paid by the employer proportionally to the ratio of the net salaries to each other.

Employees who are not themselves members of a statutory health insurance fund (e.g. women with private health insurance or family insurance in the statutory health insurance fund) receive maternity benefits totalling 210 euros.

The Federal Social Security Office (Mutterschaftsgeldstelle), Friedrich-Ebert-Allee 38, 53113 Bonn, Germany, telephone: 0228/6190, is responsible for this. Information and application forms are also available on the internet.

The employer must also pay these employees the difference between 13 euros and the average daily pay reduced by the statutory deductions.

According to the Ordinance on Maternity Protection for Civil Servants (Verordnung über den Mutterschutz für Beamtinnen, MuSchBV), female civil servants are entitled to unrestricted continued payment of their remuneration during the maternity protection period. According to §4 of the MuSchBV, the payment of official and candidate remuneration is not affected by the employment prohibitions, which also include maternity protection periods, so that the remuneration continues to be paid during the protection period.