Communicate employment of a pregnant or breastfeeding woman

If one of your employees, pupils, interns or students has informed you that she is pregnant or breastfeeding, you must inform the competent supervisory authority.

A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth to a child or is breastfeeding. In principle, your employee is free to decide whether and when to inform you about her pregnancy or breastfeeding. You do not have to notify the supervisory authority responsible for you until your employee has informed you of her pregnancy.

Regardless of the type of employment

A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth to a child or is breastfeeding. In principle, your employee is free to decide whether and when to inform you about her pregnancy or breastfeeding. You do not have to notify the supervisory authority responsible for you until your employee has informed you of her pregnancy.

Regardless of the type of employment relationship, the Maternity Protection Act also applies to:

  • women who work part-time,
  • women in marginal employment (mini-jobs),
  • women with fixed-term or probationary periods,
  • Women in vocational training and interns,
  • women with disabilities who are employed in a workshop for disabled people,
  • women who work as volunteers within the meaning of the Youth Voluntary Services Act or the Federal Voluntary Service Act, and
  • Women who work as members of a spiritual cooperative, deaconesses or members of a similar community in a position or on the basis of a contract of employment, also during the period of their extracurricular training there.
  • Pupils and students, insofar as the training place stipulates the place, time and course of the training event as mandatory or who complete an internship that is mandatory as part of the school or university training.

They should also include information on the type of employment in the notification to the competent supervisory authority. This saves queries. In any case, you must specify the following:

  • the name, address and date of birth of the expectant mother, and
  • expected date of delivery.

Please ask your competent supervisory authority in your federal state what further information is required.

If you want to employ the pregnant or breastfeeding employee after 8 p.m., you must apply separately.

If you have notified the supervisory authority about an employee's pregnancy, you no longer need to make any further notification when your employee returns to her workplace and breastfeeds.

Important notes:

  • You may not disclose the information about pregnancy and breastfeeding of your employee to third parties without authorization (except to the persons in your company who are entrusted with the execution and implementation of protective measures).
  • In addition to the notification obligation, you as an employer have other obligations, for example to protect health at work and to benefits during and after pregnancy. If you do not comply with the maternity protection regulations, this can be punished. The supervisory authority also advises you on questions relating to maternity leave.

The Maternity Protection Act also applies to:

  • women who work part-time,
  • women in marginal employment (mini-jobs),
  • women with fixed-term or probationary periods,
  • Women in vocational training and interns,
  • women with disabilities who are employed in a workshop for disabled people,
  • women who work as volunteers within the meaning of the Youth Voluntary Services Act or the Federal Voluntary Service Act, and
  • Women who work as members of a spiritual cooperative, deaconesses or members of a similar community in a position or on the basis of a contract of employment, also during the period of their extracurricular training there.

They should also include information on the type of employment in the notification to the competent supervisory authority. This saves queries. In any case, you must specify the following:

  • the name, address and date of birth of the expectant mother, and
  • expected date of delivery.

Please ask your competent supervisory authority in your federal state what further information is required.

If you want to employ the pregnant or breastfeeding employee after 8 p.m., you must apply separately.

If you have notified the supervisory authority about an employee's pregnancy, you no longer need to make any further notification when your employee returns to her workplace and breastfeeds.

Important notes:

  • You may not disclose the information about pregnancy and breastfeeding of your employee to third parties without authorization (except to the persons in your company who are entrusted with the execution and implementation of protective measures).
  • In addition to the notification obligation, you as an employer have other obligations, for example to protect health at work and to benefits during and after pregnancy. If you do not comply with the maternity protection regulations, this can be punished. The supervisory authority also advises you on questions relating to maternity leave.
     

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Forms available: Yes

Online procedure possible: no

Written form required: no

Personal appearance required: no

Preconditions

Your employee, pupil, intern or student has informed you about her pregnancy or breastfeeding.

Hints

The Maternity Protection Act does not apply to:

  • Independent
  • board members and managing directors of legal persons or companies (unless they are also predominantly employed),
  • Housewives and
  • Female soldiers, unless they work outside the scope of the Federal Ministry of Defence on the basis of an official order or permission.

For civil servants and judges, the Maternity Protection Act applies indirectly.

Related Links

  • § 1 Maternity Protection Act (MuSchG)
  • § 27 Maternity Protection Act (MuSchG)
  • § 46 Civil Service Status Act (BeamtenStG)
  • § 81 Lower Saxony Civil Service Act (NBG)
  • Ordinance on Maternity Protection for Federal Civil Servants and Parental Leave for Federal Civil Servants (Maternity Protection and Parental Leave Ordinance - MuSchEltZV)

The notification of the employment of a pregnant or breastfeeding woman must be made in writing or orally:

  • In most federal states, the registration form is available online. Download it and fill it out. However, you can also make the notification informal.
  • You can also provide information about the nature and time of employment of your pregnant employee in order to avoid any queries from the supervisory authority.
  • Send the notification to the supervisory authority responsible for you
  • As a rule, you will not receive a confirmation of receipt.

Note: If you want to employ your pregnant or breastfeeding employee after 8 p.m., you must apply separately. If you want to employ them on Sundays and public holidays, you must inform the supervisory authority.
 

Responsible for the content
Lower Saxony Ministry of Social Affairs, Health and Gender Equality

Last update or date of publication
09.02.2022