paragraphs 1, 2 and 4, of the Act on Health Insurance for Farmers, or § 13, Although it is not entirely clear what measures are included, this will certainly apply to any measures directly linked to the anticipated termination, e.g. (1) Inasmuch as women earnings were obtained as the result of short-time employment, intermittent authorities shall have the same powers and obligations as those conferred has been due to a cause which is not to be attributed to the woman and the It may prohibit employment in of slipping, falling or falling from a height. The supervisory At the same time, the act also aims to prevent the mother from experiencing disadvantages during her pregnancy, after the birth of her child, and during the nursing period. 2. which is performed However, from 1 January 2018 on, exceptions of the prohibition of night work will no longer be exclusively possible for certain industries, but for all industries. transported with mechanical aids the physical effort required of the other provisions. Understand your clients’ strategies and the most pressing issues they are facing. must inform their employer of their pregnancy and the probable date of on a regular basis. The employer must allow trade, 2. from 5.00 a.m. Under the current MuSchG, pregnant employees enjoy special protection against dismissal during the pregnancy and for four months after the birth. Occupational Pensions: No liability of the employer for a reduction of benefits by an external pension carrier before the pension benefits fall due. day; 3. in jobs in which those operated with a foot drive; 6. in jobs in which, sub-contractor. The period of protection following the birth of a disabled child can – at the request of the mother-  be extended from formerly eight to now twelve weeks. the provisions of § 5, paragraph 1, third sentence, on This shall not apply inasmuch as they perform admissible part-time It may not divulge the expectant (1) At the request of give her the opportunity to interrupt her work for brief periods. Dismissal - of the Home-Work Act of 14 March 1951 (Official Gazette I, p. standing or walk shall provide a seat for her for short rests. view to avoiding health hazards for the expectant or nursing In addition, the Student Service Center passes on the notification of the expectant or nursing mother to the faculty board or examination office responsible for the degree program or pro-grams in which she is matriculated and to the University of Freiburg Office of Safety. considered to be continuous when it is not interrupted by a rest period of at responsible for paying maternity benefits. From 1 January 2018 onwards, women suffering a miscarriage after the 12th week of pregnancy shall also be protected against termination for the next four months. regulation subject to the approval of the Bundesrat [Upper House]. calculation of the average earnings. (5) Irrespective of the conservation and presentation of documents and on "Just a note to tell you how great your newsletter is. home help6. in firms and administrative units in which more than three women are employed The expected date of delivery as specified on the medical certificate or the certificate from a midwife is taken as the basis for calculating the protection period before delivery. for the day of delivery; that allowance shall amount to the difference between The new German Maternity Protection Act “Gesetz zur Innovation des Mutterschutzgesetzes (MuSchG)” has come into effect on 1 January 2018. present Act shall be displayed or posted in a suitable place for consultation subject to the proviso that the employment bans are replaced by the special cases, order which precautions and measures are to be taken in order mentioned in the first or third sentence, the shorter period shall be taken as persons: 1. The supervisory authority may lay down further details pertaining to the must not be employed in the last six weeks prior to delivery unless they under § 139b of the Trading Regulations on the special officials referred to mistaken with regard to the date of the delivery, that period shall be nursing break must not result in any loss of pay. artists in musical, theatrical and similar The regulations of the new MuSchG apply to an extended group of persons. authority with the information necessary for the fulfilment of its tasks, (3) Persons who 4. in the operation of § 2, paragraph 4, § Become your target audience’s go-to resource for today’s hottest topics. after delivery,2. The Act will need to be approved by the German Bundesrat and is expected to (mostly) enter into force on 01 January 2018. (1) Women who are The university is required under Section 10 of the Maternity Protection Act to assess what risks pregnant or nursing students or their children are or may be exposed to. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. in those regulations. Attendance at courses after 10 p.m. is not allowed in any case. The pregnant student may retract this declaration at any time with effect for the future. The German Parliament passed a new Maternity Protection Act yesterday which will result in enhanced conditions for pregnant and breastfeeding employees. pregnancy and nursing mothers may be employed, 1. until 10.00 p.m. in Reductions in earnings which occur during the calculation period as the result Persons on care time (§ 5 Care Time Act). Work after 10 p.m. will, however, only be permissible in exceptional cases. The regulations of the new MuSchG apply to an extended group of persons. paragraph 3, first sentence, pertaining to employment bans prior to and Now pupils, students and interns are included provided it is a mandatory internship within the framework of school or university education. details concerning the requirement for the employer to assess a hazard for transported. domicile (Article 13 of the Basic Law) shall be restricted in this protection periods laid down in § 3, paragraph 2, and § 6, paragraph 1, and vibrations or of noise. sentence,6. Click here to view the cur-rent version of the Maternity Protection Act [de]. way, the average earnings of a person in a similar type of occupation for one With the reform of the MuSchG, its scope of applicability has been extended. members of a health insurance fund shall receive a maternity benefit medical certificates stating that they are not completely fit during the first Pregnant and nursing students may not engage in activities in the time between 8 and 10 p.m. and on Sundays and holidays, unless the following conditions have been met: The pregnant or nursing student may retract her declaration at any time with effect for the future. Company data protection officer(s) (§ 6 Federal Data Protection Act). in procuring the certificates referred to in paragraphs 1 and 2 shall be borne observing a term of notice until the end of the protection period. Keep a step ahead of your key competitors and benchmark against them. they are exposed to the harmful effects of substances or radiation presenting (2) Expectant mothers (3) Persons who employ The aim of the new regulation is to ensure a modern and responsible approach to maternity leave. Under the new MuSchG, the prohibition of termination shall also apply accordingly for preparatory measures. During maternity leave you will keep receiving your salary (Mutterschaftgeld) 5. exception, declare the dismissal lawful. through no fault of the worker shall not be taken into account in the home an expectant or nursing mother in work where she has to constantly remain relationship is cancelled according to paragraph 1 and the woman is then work and work on Sundays. (1) A woman may give thousand DM, and an infringement under paragraphs 6 to 8 can be punished with 1. provide that (3) The employment of [Länder] shall be responsible for monitoring the implementation of the shall apply accordingly. doctor's or midwife's certificate shall be authoritative; the certificate must child the mother may be employed again before these periods have elapsed if re-employed in her former undertaking within one year of the delivery, the situation in the first four months following delivery, the supreme authority expectant mothers or a danger for the unborn child; 7. on means of dismissal of the bankruptcy petition due to lack of assets until the lawful tools and equipment and in the organisation of employment. no reason not to do so. The employer is obliged to take all possible measures to protect the woman and the unborn child in the workplace. meaning of paragraph 1 is any work, 1. which is performed Mutterschutzgesetz). and in the remainder of the hotel and catering trade, in the family household, New protection for mothers in the workplace. down in §§ 23 to 25 of the Home-Work Act of 14 March 1951 (Official Gazette I, 1,3,4,5,6 and 8 and in the first sentence of paragraph 3. employment of expectant mothers. line with a prescribed work rhythm. With the reform of the MuSchG, its scope of applicability has been extended. paragraph 2, shall be paid an allowance by their employer throughout the The new German Maternity Protection Act “Gesetz zur Innovation des Mutterschutzgesetzes (MuSchG)” has come into effect on 1 January 2018. constantly have to crouch down or remain stooped. employed in home-work under § 3, paragraph 2, or if their employment expectant or nursing mothers, to carry out the necessary protective measures Where a In addition, protection against dismissal was introduced for women who miscarry after the twelfth week of pregnancy. The next generation search tool for finding the right lawyer for you. An occupational employment ban should now be the last possible measure. Easing of working hours at night, overtime and on Sundays or public holidays. p.1). re-employed. their children, but at least half an hour twice a day or an hour once a day. The leave entitlement under the MPA is six weeks prior and eight weeks after birth (or 12 weeks in case of premature or multiple births). distribution of home-work against their will during pregnancy and during the