Beschäftigung einer schwangeren oder stillenden Frau mitteilen
Inhalt
Begriffe im Kontext
- Gesetzlich oder durch Rechtsverordnung geregelte Beschäftigungsbedingungen — auch für entsandte Arbeitnehmer — (einschließlich Informationen über Arbeitsstunden, bezahlten Urlaub, Urlaubsansprüche, Rechte und Pflichten bei Überstunden, Gesundheitskontrollen, Beendigung von Verträgen, Kündigung oder Entlassungen)
- Mitarbeiterbezogene Meldepflichten (2030400)
- Schwangerschaft und Elternschaft (2030600)
Fachlich freigegeben am
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A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth or is breastfeeding. In principle, your employee is free to decide whether and when to inform you of her pregnancy or breastfeeding. As soon as your employee has informed you that she is pregnant or breastfeeding, you must forward the information to the competent supervisory authority without delay.
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 employment contracts or in the probationary period,
- Women who are in vocational training and trainees,
- women with disabilities who are employed in a workshop for disabled people
- who are employed in a workshop for disabled people,
- Women who are volunteers within the meaning of the Youth Voluntary Service Act or
- the Federal Voluntary Service Act, and
- women who are members of a spiritual cooperative, deaconesses or members of a similar
- members of a similar community in a permanent position or
- on the basis of an employment contract, including during the period of their extracurricular training there.
You should also provide information on the type of employment in the notification to the competent supervisory authority. This will avoid any queries. You must provide the following information in any case:
- Name and date of birth of the expectant mother and
- the expected date of delivery.
If you have notified the supervisory authority of an employee's pregnancy, you do not need to make any further notification if your employee returns to work and is breastfeeding.
Important notes:
- You may not disclose the information about your employee's pregnancy and breastfeeding period 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 duty of disclosure, as an employer you have further obligations, for example regarding health protection in the workplace and benefits during and after pregnancy. If you do not comply with the maternity protection regulations, you may be punished. The supervisory authority can also advise you on maternity protection issues.
As soon as your employee has informed you that she is pregnant or breastfeeding, you must submit the information to the competent supervisory authority without delay:
- In most federal states, the notification form is available online. However, you can also submit the notification informally.
- You can also provide information about the type and duration of your pregnant employee's employment 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: In principle, you may not employ a pregnant or breastfeeding woman between 8 p.m. and 6 a.m., on Sundays and public holidays or with clocked work. An exception is only possible under certain conditions. If you wish to employ your pregnant or breastfeeding employee after 8 p.m., you must apply for this separately. If you wish to employ them on Sundays and public holidays, you must notify the supervisory authority.
- Notification of the employment of a pregnant or breastfeeding woman Receipt
- Employment of pregnant or breastfeeding persons must be reported to the competent supervisory authority, usually the
- Occupational Safety and Health Office,
- district government or
- trade supervisory office.
- As soon as your employee has informed you that she is pregnant or breastfeeding, you must immediately forward the information to the responsible supervisory authority:
- unauthorized disclosure to third parties is punishable by law
- Responsible: State supervisory authorities for maternity protection and protection against dismissal
Forms: none
Online procedure possible: yes
Written form required: no
Personal appearance required: no