Beschäftigung einer schwangeren oder stillenden Frau melden
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)
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The employer or the educational institution is obliged to inform the occupational health and safety authority if a pregnant or breastfeeding woman is employed in the company or if a pregnant or breastfeeding pupil or student participates in courses.
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 she informs 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, the Maternity Protection Act also applies to:
- Women who work part-time,
- Women in marginal employment (mini-jobs),
- Women with temporary employment or in a probationary period,
- women undergoing vocational training and interns,
- Women with disabilities who are employed in a workshop for disabled people,
- women who are volunteers within the meaning of the Youth Volunteer Service Act or the Federal Volunteer Service Act, and
- women who work as members of a spiritual cooperative, deaconesses or members of a similar community on a staff position or on the basis of an employment contract for them, including during the period of their extracurricular training there.
You should also provide information about the type of employment in the notification to the responsible supervisory authority. This will save queries. You must provide the following in any case:
- Name, address and date of birth of the expectant mother as well as the
- expected date of delivery.
To find out what other information is required, please contact the supervisory authority responsible in your federal state.
If you wish to employ the pregnant or breastfeeding employee after 8 p.m., you must apply for this separately.
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 breastfeeds.
Important Notes:
- You may not disclose information about your employee's pregnancy and breastfeeding to third parties without authorization (except to those persons in your company who are entrusted with the execution and implementation of protective measures).
- In addition to the duty to notify, you as an employer have other obligations, for example, regarding health protection in the workplace and benefits during and after pregnancy. If you fail to comply with the requirements of maternity protection law, you may be penalized. The supervisory authority will also advise you on maternity protection issues.
- Name and address of the employer or training institution
- Name of pregnant or nursing women
- Expected date of delivery
- Type and temporal scope of their employment
- Results of the assessment of working conditions according to § 10 MuSchG
- Other required information (e.g. employment ban, night work, employment on Sundays and public holidays)
- Assessment of working conditions and necessary protective measures by the employer as part of the risk assessment.
- Information of the employer/training center by the pregnant or breastfeeding woman
- Implementation of the necessary protective measures in accordance with § 10 MuSchG (German Maternity Protection Act)
- Notification by the employer of the employment of a pregnant or breastfeeding woman to the occupational health and safety authority (please use the linked form)
If your employee has informed you of her pregnancy, you must notify the relevant supervisory authority immediately.
The Maternity Protection Act does not apply to
- self-employed persons,
- members of governing bodies and managing directors of legal entities or companies (unless they also work predominantly as employees),
- housewives and
- female civil servants, judges and soldiers.
- The employer is obliged to inform the occupational health and safety authority if a pregnant or breastfeeding woman is employed in his company.
- An occupational health and safety authority training center must be notified if a pregnant or breastfeeding female pupil or student is attending classes.
- On the basis of this notification, it is possible for the authority to monitor compliance with the maternity protection regulations.
- For this purpose, the employer or the educational institution must provide the occupational health and safety authority with information that is necessary for the fulfillment of the occupational health and safety authority's tasks.
- These are in particular the name of the pregnant or breastfeeding woman, the type and temporal scope of the employment and the assessment of the working conditions using the form.
- Notification only possible after pregnant woman has communicated her pregnancy/ nursing period (pregnant woman does not have to communicate pregnancy/ nursing period).
- Unauthorized disclosure to third parties is punishable by law.
The competent supervisory authorities of the Länder for maternity protection and protection against dismissal.
State Office for Health and Social Affairs M-V