German maternity protection (Mutterschutz) under the Mutterschutzgesetz (MuSchG) bans pregnant employees from working for 6 weeks before and 8 weeks after the expected date of confinement — and employers must continue paying full salary during both periods. The Mutterschutz is a prohibition, not a right to leave — the employee is legally barred from working, and the employer is legally required to pay. This distinction matters: the employee cannot choose to work through the ban, and the employer cannot ask them to.

This guide covers the pre-birth and post-birth bans, salary continuation, the employer’s risk assessment obligations, night work restrictions, and the interaction between Mutterschutz and parental leave.

Key takeaways

Pre-birth ban: 6 weeks before the expected date of confinement — the employee must not work; the employer pays full salary.
Post-birth ban: 8 weeks after birth (12 weeks for premature or multiple births) — the employee must not work; the employer pays full salary.
Salary continuation is funded by the employer’s health insurance fund (Krankenkasse) under the maternity allowance scheme (Mutterschaftsgeld).
The employer must conduct a risk assessment (Gefährdungsbeurteilung) under §5 MuSchG for every pregnant employee.
Night work, Sunday work, and overtime are restricted during pregnancy and for 4 months after birth.

The pre-birth ban (Beschäftigungsverbot)

§3 MuSchG establishes the pre-birth ban: “Wangangsschutz — Einem Beschäftigten ist es verboten, in den letzten sechs Wochen vor der Entbindung beschäftigt zu werden, es sei denn, dass er sich freiwillig zur Arbeitsleistung bereit erklärt.”

The ban starts 6 weeks before the expected date of confinement (Entbindungstermin), which is determined by the gynaecologist. The employee cannot work during this period — even if they feel fit and want to continue.

Key points:

The ban is absolute — the employee cannot waive it, even voluntarily in writing (a declaration of willingness to work is revocable at any time)
The expected date of confinement is documented in a medical certificate (Schwangerschaftsbescheinigung)
The ban applies to all work, including work from home
The employee is entitled to full salary during the ban period

The post-birth ban (nachgehendes Beschäftigungsverbot)

§6 MuSchG establishes the post-birth ban: 8 weeks after the actual date of birth. For premature births, multiple births, and the birth of a child with a disability, the ban extends to 12 weeks.

During the post-birth ban:

The employee must not work — this applies regardless of the employee’s wish to return early
The employee receives full salary from the employer (funded through Mutterschaftsgeld)
The ban starts on the day of birth, not the expected date

The extended 12-week ban applies automatically when:

The child is born before the expected date (each day of prematurity is added to the 8 weeks)
Twins, triplets, or more are born
The child is certified as having a disability

Salary during Mutterschutz

The salary during Mutterschutz is funded through a split mechanism:

Period	Who pays	Amount
Pre-birth ban (6 weeks)	Health insurance fund (Krankenkasse)	Daily allowance up to the assessment ceiling
Post-birth ban (8/12 weeks)	Health insurance fund (Krankenkasse)	Daily allowance up to the assessment ceiling
Employer’s top-up	Employer	Difference to reach full salary

The Krankenkasse pays the Mutterschaftsgeld (maternity allowance), which is capped at the daily contribution assessment ceiling. The employer tops up the difference to ensure the employee receives their full regular salary.

For employees with private health insurance, the employer pays the full Mutterschaftsgeld directly under §14 MuSchG.

Employer risk assessment

§5 MuSchG requires the employer to conduct a risk assessment (Gefährdungsbeurteilung) for every pregnant employee. The assessment must:

Identify hazards to the health of the pregnant employee and child arising from the work
Assess the risk based on the nature, intensity, and duration of exposure
Implement protective measures — including modifying the workplace, adjusting working conditions, or reassigning the employee
Document the assessment and share the results with the employee

If the risk assessment identifies hazards that cannot be eliminated through protective measures, the employer must impose a full or partial employment ban (Beschäftigungsverbot) under §8 MuSchG.

Night work and Sunday restrictions

§5 Abs. 1 MuSchG restricts night work and Sunday work during pregnancy:

Night work (between 20:00 and 06:00) is prohibited from the beginning of pregnancy
Sunday work is prohibited from the 12th week before the expected date of confinement
Overtime beyond the regular working hours is restricted from the beginning of pregnancy

The employer can apply for an exception from the competent authority (Gewerbeaufsichtsamt) if the night or Sunday work is essential and no alternative work can be provided. The exception requires the consent of the health authority (Gesundheitsamt) and the employee.

Employer obligations

Eight core duties apply to every employer of a pregnant employee:

Conduct the risk assessment before the employee starts work during pregnancy
Report the pregnancy to the health authority (Gesundheitsamt) — the employer must inform the authority within the timeframe required by the applicable state regulation
Impose the pre-birth ban — ensure the employee stops working 6 weeks before the expected date of confinement
Impose the post-birth ban — ensure the employee does not work for 8/12 weeks after birth
Pay full salary during both ban periods (reimbursed through Mutterschaftsgeld)
Restrict night, Sunday, and overtime work during pregnancy
Reinstate the employee to their position after Mutterschutz ends
Protect against dismissal — §17 MuSchG provides special dismissal protection during pregnancy and for 4 months after birth

Dismissal protection

§17 MuSchG provides absolute dismissal protection during pregnancy and for 4 months after birth:

The employer cannot issue a notice of dismissal during the protected period
The only exception is dismissal for cause (wichtiger Grund) under §626 BGB, which requires approval from the competent authority
The protection applies from the start of pregnancy (not from the date the employer is notified)
If the employer does not know about the pregnancy at the time of dismissal, but the employee notifies the employer within 2 weeks of receiving the notice, the dismissal is void

The 4-month post-birth protection period is separate from and in addition to the 8/12-week post-birth ban.

Common pitfalls

1. Asking the employee to work during the ban

The pre-birth and post-birth bans are prohibitions, not options. An employee cannot waive the pre-birth ban even voluntarily — a written declaration to that effect is void under §3 MuSchG.

2. Not conducting the risk assessment

The risk assessment is mandatory from the start of pregnancy. Failing to conduct it — or conducting it only after a complaint — is a breach of §5 MuSchG and may result in a fine.

3. Dismissing during the protected period

Dismissing a pregnant employee or an employee within 4 months of birth without authority approval is void. The employer must apply to the Gewerbeaufsichtsamt for permission, and approval is granted only in exceptional circumstances.

4. Not paying full salary

The employer must pay full salary during both ban periods. The Krankenkasse reimburses the Mutterschaftsgeld, but the employer must top up to full salary and cannot pass the cost to the employee.

5. Forgetting the extended 12-week ban

Premature births, multiple births, and births of children with disabilities extend the post-birth ban to 12 weeks. The extension is automatic — the employer must not require the employee to return after 8 weeks in these cases.

For more German context, see our guide to German parental leave (Elternzeit) and German parental allowance (Elterngeld).

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Frequently asked questions

When does the maternity ban start in Germany?

The pre-birth ban starts 6 weeks before the expected date of confinement, as certified by the gynaecologist. The employee must stop working from that date — they cannot choose to continue.

Can a pregnant employee choose to work during the ban?

No. The pre-birth ban is an absolute prohibition under §3 MuSchG. Even if the employee feels fit and wants to work, the ban applies. A written declaration to waive the ban is legally void.

How long is the post-birth ban?

The standard post-birth ban is 8 weeks after the actual date of birth. It extends to 12 weeks for premature births, multiple births, and births of children with disabilities.

Who pays salary during Mutterschutz?

The health insurance fund (Krankenkasse) pays the Mutterschaftsgeld, and the employer tops up the difference to reach full salary. For employees with private health insurance, the employer pays the full amount directly.

Is there dismissal protection during pregnancy?

Yes. §17 MuSchG provides absolute dismissal protection during pregnancy and for 4 months after birth. The employer cannot dismiss without approval from the competent authority.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Mutterschutz requirements and state-level reporting obligations vary — confirm current rules with the Gewerbeaufsichtsamt and consult a specialist employment lawyer.

German Maternity Protection: Mutterschutz Guide (2026)