Employment ban during pregnancy: pay and protection

During pregnancy, the Maternity Protection Act protects you. If the work poses a danger to you or the child, an employment ban can be issued, by the employer or by a doctor. Unlike with a sick certificate, your pay continues during it (maternity protection pay).

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Your chances of getting your money back

With an employment ban during pregnancy you continue to receive your average work earnings (maternity protection pay, § 18 MuSchG). Financially you are thus better off than with a sick certificate.

The employer has to design your workplace so that there is no danger (risk assessment). Only if that is not possible does an employment ban come into play (§ 16 MuSchG).

What you should do now

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1. Report the pregnancy
Inform the employer about the pregnancy so that maternity protection applies and the workplace is checked.
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2. Have the danger checked
The employer has to carry out a risk assessment and take protective measures or adapt the activity.
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3. Clarify the employment ban
If safe employment is not possible, an operational or medical employment ban comes into play.
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4. Secure the maternity protection pay
Make sure that your pay continues as maternity protection pay. In case of problems, demand it in writing.

How to spot the scam

The employer pushes for the previous activity despite a danger.
Instead of maternity protection pay, a sick certificate is suggested (financially often worse).
A dismissal is issued, especially protected during pregnancy.

Frequently asked questions

What is the difference between an employment ban and a sick certificate?

With an employment ban you are not ill, but for protective reasons may not work (fully), and you continue to receive your average earnings (maternity protection pay). With a sick certificate, continued pay applies and afterwards sick pay.

Do I continue to get pay with an employment ban?

Yes, the maternity protection pay in the amount of your average work earnings (§ 18 MuSchG). The employer is reimbursed these costs through a levy procedure, so you are financially secured.

Who issues the employment ban?

It can be issued operationally (by the employer after a risk assessment) or medically (by your doctor) if the activity endangers you or the child (§ 16 MuSchG). Priority is given to a safe design of the workplace.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.