Maternity Protection Act
Mutterschutzgesetz (MuSchG) 

Act for the Protection of Working Mothers (Gesetz zum Schutze der erwerbstätigen Mütter – MuSchG) in the version published on 20 June 2002, amended by Art. 2 subs. 10 of the Act of 5 December 2006

As a matter of principle, the Maternity Protection Act protects the mother against dismissal and in most cases also against a temporary cut in income. It also protects the health of mother and child against hazards at the workplace. It applies to all women in gainful employment. It also applies to part-time employees, domestic employees and home workers, and it applies to women who are in a vocational training situation when the trainee employment is based on a contract of employment. In principle, the Maternity Protection Act also applies to women employed without contributions being paid to the social security system (part-time/low-wage employment).

The Act does not apply to housewives, the self-employed, members of governing bodies and executive directors of legal entities or companies.

The Act lays down the obligations of the employer in view of designing the workplace of pregnant women or nursing mothers; it con-tains prohibitions for certain types of activity and dismissals, includes provisions on maternity leave and benefits for pregnant women and mothers.

As of 20 June 2002, employed mothers are likewise entitled to a maternity protection period of no less than 14 weeks if the child is born before the expected date of delivery. The entitlement covers all mothers who are in the protected employment period and have not yet returned to their workplace or have not started their parental leave when the Act enters into force.

The maternity protection period starts six weeks before the expected date of delivery and normally ends eight weeks after delivery, or twelve weeks after delivery in case of medically premature births and multiple births. In case of a medically premature birth, i. e. normally in case of a birthweight of less than 2,500 grams, the maternity protection period after delivery is extended by the additional days which could not be taken before delivery.

The amendment of the Act equates early deliveries to medically premature births insofar as the protection period is for no less than 14 weeks in both cases. This corresponds to definite transposition of the EU Maternity Protection Directive.

The amended Maternity Protection Act also remedies previous legal uncertainties with respect to annual leave for pregnant women and mothers. In the calculation of annual leave, the maternity protection periods and other prohibited activities pursuant to the maternity protection laws are included as periods of employment.