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Dismissal despite pregnancy? It is usually invalid

You are pregnant and the employer dismisses you? As a rule this dismissal is invalid: a special protection against dismissal applies to pregnant women. It is important that the employer learns of the pregnancy, and that you react quickly.

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During pregnancy and up to four months after childbirth, a dismissal is generally not permitted (§ 17 MuSchG). It is then invalid, possible only in rare exceptional cases with official approval.
The protection applies if the employer knew of the pregnancy when the dismissal was received, or if you inform them within two weeks of receipt. You should definitely meet this deadline.

What you should do now

  1. 1

    1. Notify the pregnancy

    Inform the employer of the pregnancy promptly (within 2 weeks of receiving the dismissal) in writing and, if applicable, enclose a certificate with the expected due date.

  2. 2

    2. Keep an eye on the deadline

    Here too: if you want to have the invalidity clarified in court, the 3-week deadline for the protection-against-dismissal claim must be observed.

  3. 3

    3. Consider a protection-against-dismissal claim

    If the employer does not react, a timely claim secures your rights.

  4. 4

    4. Get advice

    Get advice (employment law; legal aid if applicable). Questions of maternity protection and parental leave can also be clarified at the same time.

Frequently asked questions

Can I be dismissed during pregnancy?

As a rule not. A statutory prohibition of dismissal applies during pregnancy and up to four months after childbirth (§ 17 MuSchG). A dismissal issued nonetheless is generally invalid; exceptions are possible only with official approval.

What if the employer did not know about the pregnancy?

The protection also applies if you inform the employer of the pregnancy within two weeks of receiving the dismissal. Do not miss this deadline; best to notify the pregnancy in writing right away.

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.