!!!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
M. Knoefler, Mutterschutzgesetz, %%sup 13/%2000; T. 
Tomandl, Arbeitsrecht 2, %%sup 4/%1999.


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