Mothers get more rights

On May 23, 2017, the law amending maternity protection was announced: in the future, more women will benefit from statutory maternity protection.

The new Maternity Protection Act aims to ensure the best possible health protection for pregnant and breastfeeding women.

The following changes come into effect immediately: 

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• The period of protection after the birth of a child with a disability is extended from eight to twelve weeks upon request, because in many of these cases the birth involves particular physical and psychological stress for the mother.
• Women who suffer a miscarriage after the twelfth week of pregnancy will in future be protected from dismissal.
• In addition, the health protection regulations will be adapted to EU requirements, including those on the labelling of hazardous substances.
• The maternity protection reform also significantly improved the financial security of women with private health insurance during maternity leave. An amendment to the Insurance Contract Act (VVG) that came into effect on April 11, 2017, entitles them to daily sickness benefits to compensate for lost earnings during the maternity protection period.

On 1 January 2018, the revised Maternity Protection Act (MuSchG) comes into force with the following changes:

• Female school students are included in the scope of the MuSchG if the training provider specifies the location, time, and schedule of the training event, or if the students complete a mandatory internship as part of their school or university education. It is also clarified that the protection also applies to employees.
  
  
• The regulations prohibiting night and Sunday work are formulated independently of the sector, and the regulations prohibiting overtime are supplemented by a special regulation on the maximum permissible overtime in part-time employment relationships.
  
  
• An official approval process will be introduced for work between 20 p.m. and 22 p.m. Among other things, the woman must explicitly agree to work after 20 p.m. While the authorities review the complete application, the employer can generally continue to employ the woman. If the authorities do not reject the application within six weeks, it is considered approved.
  
  
• By integrating the Ordinance on the Protection of Mothers at Work (MuSchArbV) into the MuSchG, the regulations become clearer and more understandable for employees and employers as well as for the supervisory authorities.
  
  
• The newly established Maternity Protection Committee will, among other things, determine the nature, extent, and duration of potentially irresponsible risks to a pregnant or breastfeeding woman and establish safety, occupational health, and occupational hygiene rules to protect pregnant or breastfeeding women and their children. The recommendations it develops are intended to provide guidance for the practical implementation of maternity protection regulations.
  
  
• The same level of maternity protection applies to female civil servants, judges and soldiers as to other employees under the MuSchG.

Federal Minister for Family Affairs Manuela Schwesig explained: "We have succeeded in ensuring that more women will benefit from statutory maternity protection in the future. There will now be a uniform level of protection for all employed women, as well as for students and schoolchildren. Mothers of children with disabilities will be entitled to twelve weeks of maternity protection in the future. Furthermore, protection against dismissal will be introduced for women who have had a miscarriage after the twelfth week of pregnancy. With this law, we are also ensuring that women can participate in the labor market independently, as many women would like to work longer until the birth of their child. At the same time, we are codifying the necessary protection. Maternity protection will thus become more up-to-date and adapt to modern requirements."

practical tip: The rules on maternity protection are part of the Laws for crafts and trades that must be posted. Order now from Verlagsanstalt Handwerk GmbH, phone 02 11/ 3 90 98-27