At Allenstein Legal in Berlin, we regularly advise pregnant employees facing termination. While the legal situation is clear, many questions and uncertainties remain. This blog post clarifies the most important aspects of protection against dismissal during pregnancy. We will answer the following questions in detail:
- What protection against dismissal do pregnant women have under German law?
- When and how must the employer be notified of the pregnancy?
- Are there exceptions to the ban on dismissal?
- What to do if a notice of termination has been issued despite pregnancy?
- What other protective rights exist during pregnancy?
- Conclusion
1. What protection against dismissal do pregnant women have under German law?
The Maternity Protection Act (Mutterschutzgesetz) provides for comprehensive protection against dismissal:
- Absolute ban on dismissal during pregnancy
- Protection against dismissal until four months after childbirth
- Protection applies regardless of the length of employment
- Full protection against dismissal even during the probationary period
- Protection also applies to part-time and marginal employment
Example: One of our clients received her notice of termination during her probationary period. At that time, she was eight weeks pregnant but did not yet know it. After the pregnancy was confirmed, she informed the employer within two weeks of receiving the notice. Consequently, the termination was invalid.
2. When and how must the employer be informed of the pregnancy?
The notification obligation is regulated as follows:
- No general obligation to notify the employer of the pregnancy immediately
- If notice of termination has already been given: notification within two weeks
- The two-week period begins upon receipt of the notice of termination
- If the deadline is missed through no fault of your own: notify without undue delay after becoming aware
Important regarding the form of notification:
- Written notification is recommended (email, letter)
- Attach a medical certificate
- Keep the confirmation of receipt
3. Are there exceptions to the ban on dismissal?
In very rare cases, termination may be permissible:
- Only with the consent of the competent occupational health and safety authority
- In the event of a business closure
- In the event of serious breaches of duty by the employee
- In the event of an economically life-threatening situation for the employer
Example: An employer applied for consent to terminate a pregnant employee due to theft. The authority agreed because there was a serious breach of trust.
4. What to do if a notice of termination has been issued despite pregnancy?
The following steps are important:
- Immediate written notification of the pregnancy
- Provide a medical certificate
- File a legal action against dismissal within three weeks
- Request continued employment during the proceedings
Additional measures:
- Seek legal advice
- Document all communication in writing
- Keep medical certificates in a safe place
5. Which further protective rights exist during pregnancy?
In addition to protection against dismissal, there are other important rights:
- Maternity leave period six weeks before and eight weeks after birth
- Employment bans for hazardous activities
- Right to a risk assessment of the workplace
- Ban on overtime and night work
- Right to breaks and rest periods
- Time off for prenatal check-ups
6. Conclusion
Protection against dismissal during pregnancy is particularly strong in German labor law. Termination is only possible in absolute exceptional cases and with official approval. It is important that pregnant women know their rights and react quickly and correctly in the event of a dismissal.
Due to the complexity of the legal situation and the often short deadlines, we recommend seeking legal advice immediately if you are dismissed during pregnancy. This is the only way to effectively enforce your extensive protective rights.