Legal notice: This article gives you a well-founded overview of maternity protection in Germany, but it does not replace individual legal advice. For specific questions about your company, please consult a specialist employment lawyer or the competent supervisory authority.
Maternity leave in Germany goes far beyond the well-known 6+8 weeks rule. With the legal changes in 2025, key details have changed that are relevant to employers and to the women affected alike. This article explains the current protection periods, your rights as an employee and your obligations as an employer in detail.
Maternity leave in Germany: definition and legal framework
What does maternity protection mean in practice?
Maternity protection (Mutterschutz) is a statutory protection mechanism for pregnant and breastfeeding women at work, in vocational training and at university. Its aim is to comprehensively protect the physical and mental health of mother and child and to prevent discrimination at work.
The Maternity Protection Act (Mutterschutzgesetz, MuSchG) not only regulates employment bans before and after birth but creates a continuous framework of protection throughout pregnancy and breastfeeding. This allows women to continue working for as long and as safely as possible.
Who does the Maternity Protection Act apply to?
Maternity protection generally applies to all pregnant and breastfeeding women in an employment relationship in Germany, regardless of working hours or type of contract. This includes:
- Full-time and part-time employees
- Apprentices and trainees
- Marginally employed women (mini-jobbers)
- Home workers
- Persons similar to employees
- School pupils and students attending mandatory training sessions
Important: self-employed women are not yet covered by the Maternity Protection Act. However, the governing coalition of the CDU/CSU and SPD has included this gap in its coalition agreement. At the end of September 2025, Federal Minister for Family Affairs Karin Prien said: “I expect that we will present a proposal on this to parliament at the beginning of next year.” According to her, the Federal Ministry of Education, Family Affairs, Senior Citizens, Women and Youth (BMBFSFJ) is working on a funding solution to give self-employed women the same statutory maternity protection periods as employees.
The Maternity Protection Act (MuSchG): the central legal basis
Core areas of the MuSchG
The Maternity Protection Act in its current version of 1 January 2018 (last amended in 2025) divides maternity protection into several areas:
- Protection periods: periods before and after birth with absolute or relative employment bans
- Workplace design: risk assessment and protective measures
- Working time rules: restrictions on night work, work on Sundays and public holidays, and overtime
- Protection against dismissal: special protection against dismissal during pregnancy and maternity protection
- Financial security: maternity benefit, employer top-up and maternity protection pay
Maternity protection vs. parental leave
Maternity protection usually ends eight weeks after birth. Parents can then apply for parental leave (Elternzeit), which can last up to three years per child.
❗ Important ❗
The maternity protection period after birth is deducted from the three years of parental leave. The two schemes pursue different goals and are based on different laws.
Maternity protection periods: start, duration and end in detail
When does maternity protection start?
Maternity protection starts six weeks before the expected due date. During this time a relative employment ban applies, which means the pregnant woman may not be employed unless she expressly declares that she is willing to work. She can withdraw this declaration at any time with immediate effect.
Practical tip: employers must not put any pressure on pregnant employees to work in the last six weeks before birth. Any continued employment must be based on the pregnant woman's express and voluntary wish.
Duration of maternity protection: the standard rule
The maternity protection period lasts 14 weeks in total: six weeks before the expected due date plus eight weeks after birth. If the baby is born early, the days not taken before birth are not lost but are added to the protection period after birth.
Example: calculating maternity protection periods
Starting point: the expected due date is 15 March 2026
- Start of maternity protection: 1 February 2026 (6 weeks before)
- Actual birth: 10 March 2026 (5 days early)
- End of maternity protection: 5 May 2026 (8 weeks after birth) + 5 days = 10 May 2026
The total duration of the protection period remains 14 weeks, regardless of the actual date of birth.
When does maternity protection end after birth?
After birth, an absolute employment ban of eight weeks applies. During this time the mother may not be employed under any circumstances, even if she wants to work. This strict ban protects the health of mother and child in the particularly sensitive phase after delivery.
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Special cases: extension of the maternity protection period
Extension for premature and multiple births
The maternity protection period after birth is extended to twelve weeks in the case of:
- Premature births: if the baby weighs less than 2,500 grams at birth or its signs of maturity are not yet fully developed
- Multiple births: twins, triplets or more children
- Disability of the child: if a disability is medically diagnosed within eight weeks of delivery
In these cases, the total maternity protection period is up to 18 weeks (6 weeks before plus 12 weeks after), plus any days not taken before birth.
Important for employers: the extension is not automatic. The employee must submit a medical certificate to the employer and the health insurance fund, which must be issued within eight weeks of the birth.
New rules for miscarriage from 1 June 2025
From 1 June 2025, staggered protection periods apply after a miscarriage, closing a previous gap in protection:
- From the 13th week of pregnancy: 2 weeks of maternity protection
- From the 17th week of pregnancy: 6 weeks of maternity protection
- From the 20th week of pregnancy: 8 weeks of maternity protection
The woman affected may not be employed during this protection period unless she expressly declares that she is willing to work. This declaration can be withdrawn at any time with effect for the future. During the protection period she is entitled to maternity benefit and the employer top-up, which are reimbursed through the U2 procedure (maternity levy).
Note: these staggered protection periods do not apply to miscarriages before the 13th week of pregnancy. In that case, a normal sick note applies if she is unable to work.
Rules for stillbirth
In the case of a stillbirth (from the 24th week of pregnancy or with a birth weight of at least 500 grams), the protection period is six weeks before and eight weeks after birth. However, at her express request, the woman may return to work from the third week after delivery if there are no medical objections. She can withdraw this decision at any time.
Maternity protection in German employment law: rights of pregnant and breastfeeding women
Employment bans as a protection mechanism
The Maternity Protection Act distinguishes between different types of employment ban:
General employment bans
General employment bans apply to all pregnant and breastfeeding women for certain activities, such as work with hazardous substances, heavy physical strain or exposure that endangers health. These bans are clearly defined in the MuSchG.
Individual (medical) employment bans
A medical employment ban can be issued if continuing to work specifically endangers the health of mother or child, even if the workplace itself is not classified as dangerous. The certificate is issued by a licensed physician or the company doctor.
Operational employment bans
If the employer establishes in the risk assessment that there is an unacceptable risk and that neither adapting the working conditions nor moving the employee to another workplace is possible, the employer must impose an operational employment ban.
Working time protection rules
Special working time rules apply to pregnant and breastfeeding women:
- Maximum working time: no more than 8.5 hours per day and a maximum of 90 hours in a two-week period
- Rest periods: at least 11 hours of uninterrupted rest after the end of work
- Night work: generally prohibited between 8:00 pm and 6:00 am (exceptions possible)
- Work on Sundays and public holidays: generally prohibited (exceptions only with official approval)
- Overtime: no work beyond the agreed working hours
Time off for medical check-ups and breastfeeding
Pregnant employees are entitled to paid time off for necessary medical check-ups if these have to take place during working hours.
During the first twelve months after birth, breastfeeding mothers are entitled to paid breastfeeding breaks of at least half an hour twice a day or one hour once a day. This time may not be worked in advance or made up afterwards and does not reduce pay.
Maternity protection for employers: obligations, processes and common mistakes
Immediate steps after an employee announces her pregnancy
As soon as an employee announces her pregnancy, employers must act without delay:
1. Notify the supervisory authority
The employer must inform the competent occupational safety authority of the pregnancy without delay. The same applies if a woman reports that she is breastfeeding (unless the pregnancy has already been reported).
2. Carry out the specific risk assessment
Based on the general risk assessment already carried out, the employer must review the specific work situation of the pregnant employee and determine the necessary protective measures.
3. Discuss working conditions
The employer must offer the employee a meeting to discuss further adjustments to her working conditions. This is a legal obligation, not just a recommendation.
Risk assessment for maternity protection: a two-stage procedure
Stage 1: general risk assessment
Every employer must carry out a general risk assessment for all activities in the company, regardless of whether pregnant women, or any women at all, are currently employed. This assessment identifies which risks could exist for pregnant or breastfeeding women and their children.
New from 1 January 2025: under § 10 (1) sentence 3 MuSchG, the general risk assessment can be dispensed with if the Committee for Maternity Protection (Ausschuss für Mutterschutz, AfMu) has published a corresponding rule. As of January 2025, however, no such rule exists, so the obligation to carry out the general risk assessment still applies.
Stage 2: specific risk assessment
As soon as a pregnancy or breastfeeding becomes known, the employer must carry out the specific risk assessment without delay. The previously identified risks are checked for completeness and currency, and specific protective measures are defined for the woman concerned.
Order of protective measures: what is mandatory
The Maternity Protection Act prescribes a strict order of protective measures (§ 13 (1) MuSchG):
Measure 1: adapting working conditions
First, the employer must check whether the risk can be eliminated through protective measures at the workplace. Examples: adjusting working hours, providing aids, changing the organisation of work.
Measure 2: moving to another workplace
Only if adapting the working conditions is not possible or disproportionate does the second option, moving the employee to a reasonable and suitable workplace, come into consideration.
Measure 3: operational employment ban
Only if neither adaptation nor reassignment can eliminate the unacceptable risk must the employer impose an operational employment ban.
This hierarchy is intended to prevent pregnant women from being excluded from the workplace hastily and unnecessarily.
Documentation and proof
Employers must document the result of the risk assessment, the protective measures defined and the offer of a meeting. This documentation serves as proof to the supervisory authority that the obligations have been properly fulfilled and can provide legal clarity in the event of a dispute.
Typical mistakes employers make
Mistake 1: putting on pressure
Employers must not require the employee to work in the six weeks before birth. The decision must be entirely voluntary.
Mistake 2: imposing an employment ban too quickly
Imposing an employment ban straight away without first checking adaptation or reassignment violates the statutory order of measures.
Mistake 3: missing risk assessment
Anyone who does not carry out the risk assessment at all, incorrectly or too late commits an administrative offence that can be punished with fines of up to €5,000.
Mistake 4: insufficient documentation
Without careful documentation, there is no proof that the obligations were properly fulfilled.
Checklist for employers when an employee is pregnant
✓ Report the pregnancy to the supervisory authority without delay
✓ Carry out the specific risk assessment
✓ Follow the order of protective measures (1. adaptation, 2. reassignment, 3. employment ban)
✓ Hold a meeting with the employee about her working conditions
✓ Define and implement protective measures
✓ Create and update the documentation
✓ In the event of an employment ban: pay maternity protection pay and apply for U2 reimbursement
✓ Six weeks before birth: observe the relative employment ban (only with express consent)
✓ Calculate and pay the top-up to maternity benefit
✓ Apply for U2 reimbursement electronically
Financial benefits during maternity protection
Maternity benefit and employer top-up
During the maternity protection periods, pregnant employees receive maternity benefit (Mutterschaftsgeld) from their health insurance fund of up to €13 per calendar day. If the average net pay per calendar day over the last three months is higher than €13, the employer pays the difference as a top-up.
Example calculation:
- Average net pay per calendar day: €90
- Maternity benefit from the health insurance fund: €13
- Employer top-up: €77 per day
The employee therefore receives her full net salary during the protection period.
Maternity protection pay during employment bans
If a woman is not allowed to work because of an employment ban outside the protection periods (e.g. a medical or operational employment ban), she receives maternity protection pay (Mutterschutzlohn) from her employer. This corresponds to the average pay of the last three calendar months settled before the pregnancy began.
U2 levy: reimbursement for employers
Employers take part in the U2 levy procedure (maternity levy) and pay a levy rate set by each health insurance fund for all employees. In return, the following expenses are reimbursed in full (100 percent):
- The top-up to maternity benefit during the protection periods
- Maternity protection pay during employment bans
- The employer's social security contributions on maternity protection pay
Important: reimbursement is only made on application, which must be submitted electronically via certified payroll software. Employers should apply promptly to avoid liquidity bottlenecks.
Practical note: even companies without female employees are required to take part in the U2 procedure for reasons of solidarity.
Conclusion: maternity protection in 2026 requires attention
Maternity protection in Germany provides a comprehensive legal framework to protect mother and child. The legal changes in 2025, in particular the new rules for miscarriages since 1 June, close important gaps in protection and strengthen the rights of the women affected.
For employers, this means: proactive risk assessment, strict adherence to the order of protective measures and careful documentation are essential. Violations can not only lead to fines but also permanently damage the relationship of trust with employees.
Pregnant and breastfeeding women should know their rights and not hesitate to assert them with their employer. Maternity protection is not a favour but a statutory entitlement.
Want to improve your HR processes around maternity protection? With ZEP, you keep track of all deadlines, absences and holiday entitlements. Our software supports you with legally compliant documentation of absences such as maternity protection.
FAQs
When exactly does maternity protection start in Germany?
Maternity protection starts six weeks before the expected due date. If the due date is 15 March, for example, the maternity protection period starts on 1 February. The exact calculation is made by a gynaecologist or midwife based on the week of pregnancy.
Can I still work in the 6 weeks before birth?
Yes, in the six weeks before birth only a relative employment ban applies. You may work if you expressly declare that you are willing to do so. You can withdraw this declaration at any time without giving reasons, and your employer must not put any pressure on you.
How long is maternity protection after birth?
After birth, an absolute employment ban of eight weeks applies under German law. For premature or multiple births, or if a disability of the child is diagnosed, this period is extended to twelve weeks. During this time you may not be employed under any circumstances.
What does my employer have to do when I am pregnant?
Your employer must inform the supervisory authority without delay, carry out a specific risk assessment of your workplace, define the necessary protective measures and offer you a meeting about your working conditions. The statutory order applies: first adapt the working conditions, then move you to another workplace, and only then impose an employment ban.
What applies in the case of premature birth, multiple births or miscarriage?
For a premature birth (birth weight under 2,500 grams) or multiple birth, the protection period after birth is extended to twelve weeks. Since 1 June 2025, staggered protection periods apply after a miscarriage from the 13th week of pregnancy: two weeks from the 13th week, six weeks from the 17th week and eight weeks from the 20th week.
Who pays my salary during maternity protection?
During the maternity protection periods, you receive maternity benefit from your health insurance fund (up to €13 per day) and a top-up from your employer, so that in total you receive your average net salary. If an employment ban applies outside the protection periods, your employer pays maternity protection pay. These expenses are reimbursed to the employer in full through the U2 procedure.
