Maternity protection and parental leave – Personio

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This article contains all relevant information about maternity protection and parental leave and what there is to consider around these topics.

Maternity protection

A pregnant employee and their child are subject to the Maternity Protection Act (Mutterschutzgesetz, MuSchG). This law protects the employee during pregnancy, after the birth of the child, and while breastfeeding.

What is maternity protection?

Maternity protection aims to protect the health of pregnant or breastfeeding employees and their children. It ensures that the employee can continue to work, after the child has been born and once the prescribed protection period has passed. This means that during the maternity protection period, the employee is protected from being dismissed.

Furthermore, employers must take measures to ensure a safe workplace for the pregnant or breastfeeding employee (for example, a nurse who usually cares for ill patients could temporarily be placed in an office position).

Duration of maternity protection

The duration of the maternity protection period varies depending on the type of birth:

Type of birth	Protection period duration
Birth between (37th and 42nd week of pregnancy)	Starts 6 weeks before the expected birth date and ends 8 weeks after the birth.
Early birth (birth before the 37th week of pregnancy has been completed)	Extension of maternity protection to 12 weeks after the birth.
Multiple birth (twins, triplets, or multiples)	Extension of maternity protection to 12 weeks after the birth.
Birth of children with a disability	Maternity protection can be extended to 12 weeks after the birth.
Miscarriage after the 12th week of pregnancy.	The employee is protected from dismissal for up to 4 months after the miscarriage.
Stillbirth with a birth weight of over 500 grams or from the 24th week of pregnancy. Note: If these criteria are not met, a miscarriage has occurred.	Starts 6 weeks before the expected birth date and ends 8 weeks after the birth, or 12 weeks for multiple births.
Miscarriage before the 12th week of pregnancy	Maternity protection ends with the pregnancy.

Note:
If a child with a disability is born, the employee must submit their own application for an extension of the protection period to their health insurer. This is because the employee is not obligated to inform the employer about their child's disability.

Parental leave

Mothers and fathers who look after and bring up their child themselves have the right to a period of unpaid leave. This is referred to as "parental leave" and regulated in the Federal Parental Leave Act (Bundeselternzeitgesetz, BEEG).

What is parental leave?

Employees who look after and bring up their child themselves have the right to take 3 years leave of absence for each child. Parental leave can be taken up to the child's 8th birthday. During parental leave, the employee is protected from dismissal.

Since the employee does not perform any work during this period, they will not receive any remuneration either. For financial help during parental leave, parents can apply to receive a parental allowance.

Who can apply for parental leave?

Every employee can apply for parental leave. The employment relationship (part-time, full-time, etc.) is irrelevant here. Parental leave, i.e., the unpaid leave of absence, can be applied for by either parent, regardless of whether the other parent is already taking this leave. This means that both parents can take parental leave at the same time or plan individually.

Exceptions

The following persons are excluded from parental leave entitlements:

Self-employed people
Housewives or househusbands
University students and pupils
Unemployed persons
Honorary / volunteer workers
Those completing a voluntary social or environmental year or working in the Federal Volunteer Service.

Duration of parental leave and application deadlines

Employees who look after and bring up their child themselves have the right to take 3 years leave of absence for each child. An employee who decides to take parental leave has to apply for it with their employer. However, the employer's consent is not required.

Age of the child	When does parental leave have to be applied for?	Duration of parental leave
up to 3 years of age	7 weeks prior	up to 3 years; can be split over several periods and be taken at different times.
between 3 and 8 years of age	13 weeks prior	up to 24 months; can be split over several periods and be taken at different times.

Each parent can split their parental leave over three separate periods or take it all at once. The start and end of the parental leave period can be freely chosen by the employee. The duration of the parental leave can generally be chosen freely. However, from the child's third birthday, it cannot exceed 24 months.

Example: Splitting the leave
For example, a parent may take 1 year of parental leave after the birth, another year during kindergarten and another year when the child is going to school.

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