Mutterschutz#

Maternity Regulations: The maternity protection law (Mutterschutzgesetz) is of central importance as regards the protection of working women; it applies to all female employees and homeworkers in employments under private law; excluded are female employees working in agricultural and forest businesses and women employed with the provincial and municipal authorities not working in enterprises, who are covered by similar regulations. The policy objective is to protect mothers' health during and after pregnancy and to enable mothers to take care of their newborn children. Thus expectant and nursing mothers are not to be employed for any hard physical work which could be injurious to their own or their unborn children's health (§§ 4 and 4a), without reduction or loss of payment; further protective provisions include the prohibition of night-work (§ 6), of work on Sundays and public holidays (§ 7) and of overtime work (§ 8). During the last 8 weeks before the expected date of birth (§ 3) and up to the end of 8 weeks (up to the end of 12 weeks in case of premature births, multiple births or Caesaren sections) after delivery (§ 5) women must not be employed at all; during that time women are usually not entitled to payment by their employers but to maternity benefit payable by the health insurance agency. After this "term of protection" has expired women are entitled to suspend employment without remuneration (leave without pay) until the child´s second birthday or to take up part-time employment until their child has reached the age of 4 years. Since 1990 it has also been possible for the child's father to avail himself of these rights, in whole or in part. Since January 1, 2000 3 months worth of the leave can be saved up and used up at a later time before the child reaches the age of 7 years. During suspended or part-time employment transfer payments from unemployment insurance may be claimed (maternity leave allowance or part-time grant).

Literature#