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Maternity protection

In the context of protection pertaining to labour law for women, the law protecting working mothers takes a central position.

Goals:
• Protection of health during and after the pregnancy
• Care of the newborn child through the mother and
• Financial Security

Duty of notification:
The becoming nut has to give the confirmation of the physician over her pregnancy, as soon as she got it from the physician, to the employer under indication of the prospective birth date.

The employer is then obliged to set the inspector council of work of it in knowledge and to inform it over the activity, which the employee has to perform on her working place, so that the working conditions of the becoming mother can be examined.

Period of protection:
The period of protection designates the period of the last 8 weeks before the relieving as well as the first 8 weeks after it.
During this period it exists an absolute occupation prohibition. This period extends to a period of at least 12 weeks after a premature birth or a Caesareas.
In addition, this period can be extended if health or life of the mother or her child are endangered.

The employer has to ensure that the employee is withdrawn from those works, which can be harmful for her or her child.

Breastfeeding mothers are obligated to inform the employer that they are breastfeeding with the restart of the service.

With a necessary and possible transfer on another, less dangerous working place, average earnings of the last 13 weeks have to be further-paid.
The employer is obligated to make pregnant women and breastfeeding mothers possible a putting down and a resting under suitable conditions. Rest periods are considered as work times and are therefore to be paid.

For becoming and breastfeeding mothers night work as well as work on Sundays and public holidays are forbidden. Overtime work is gernerally forbidden for becoming and breastfeeding mothers. Under any circumstacnces the daily work time may not exceed 9 and the weekly work time 40 hours.


Care money for children

For births starting from the 1.1.2002 it exists the requirement on care money for children instead of money during the period of rest), if the child is given the requirement on family allowance. Further is a condition that the refering parent has a common domicile with the child and that his/her annual income do not exceed the amount of € 14.600,- in the calendar year. Care money for children amounts daily € 14.53,- starting from the month of birth. There is the possibility that both parents are in period of rest in one month simultaneously, care money for children is however only once paid off.
Care money for children is divided into two, if in accordance with the mother-child-passport prescribing investigations during the pregnancy and up to the 14. life month of the child are not accomplished.
During the purchase of care money for children it exists a health insurance protection.


Employment prohibitions for becoming mothers


- Hoisting and carrying of heavy weights
- Works, that are done predominantly standing and
- Works, that amounts to them in their static strain.
- Works under the influence of substances that are a health hazard, in solid, fluid, dust, gas or vapour form or radiations.
- Works under the influence of heat, cold or wet, with them there could not be ruled out a damage.
- Works, with them there exists the danger of an occupational disease.
- Works under time-pressure and pressure to perform (piecework, assembly-line work)
- Works on means of transport.
- Works, that are done permanently sitting, unless there exist the possibilities to make a short break.
- Works with a particular danger of accidents.
- Works with frequent excessively streching, bending and squating as well as excessive concussions or
- Works, with them there exists pestering smells or particular psychological strains.
- The employer is also obliged to protect mothers, who are not smoking, from the influence of tobacco smoke.