In Austria, the Mutterschutzgesetz (MSchG) provides comprehensive protection for pregnant employees and new mothers. The law mandates eight weeks of leave before the expected birth date (Schutzfrist) and eight weeks after birth, extended to 12 weeks for multiple births or premature deliveries. During the protection period, employees receive full pay through Krankengeld (sickness benefit) from their health insurance fund. The Mutterschutz also includes an absolute employment ban during the protection period, protection from dismissal, and restrictions on working conditions during pregnancy.

Statutory entitlement

8 weeks of mandatory leave before birth (Schutzfrist) and 8 weeks after birth (12 weeks for multiple births, premature deliveries, or caesarean section). Full pay via Krankengeld from the health insurance fund. Additional protection from dismissal from the beginning of pregnancy until four weeks after the end of the protection period.

Eligibility

All pregnant employees, including part-time and marginal workers (geringfügig Beschäftigte) who are covered by statutory health insurance. There is no minimum service requirement. Self-employed women may qualify for Wochengeld under different conditions.

Employer obligations

  • Grant the mandatory 8-week protection period before and 8 weeks after birth (extended to 12 weeks for complications).
  • Not employ the mother during the mandatory protection period (absolute employment ban).
  • Conduct a risk assessment (Gefährdungsbeurteilung) for pregnant employees and adjust working conditions accordingly.
  • Protect the employee from dismissal from the start of pregnancy until four weeks after the protection period ends.
  • Allow paid time off for antenatal medical examinations without deduction from leave.
  • Notify the health insurance fund of the expected birth date upon receiving a medical certificate.

Employee rights

  • Right to 8 weeks of paid leave before birth and 8 weeks after (12 weeks for multiple/premature births).
  • Right to full pay via Krankengeld from the health insurance fund during the protection period.
  • Right to absolute protection from dismissal during pregnancy and the post-birth protection period.
  • Right to safe working conditions — employers must adjust or eliminate hazardous duties during pregnancy.
  • Right to paid time off for antenatal check-ups.
  • Right to return to the same position after the protection period ends.

Common pitfalls

  • Assuming the employer pays directly during Mutterschutz — the Krankengeld is paid by the health insurance fund, not the employer, though some collective agreements require employer top-ups.
  • Employing the mother during the mandatory protection period — this is strictly prohibited and carries significant fines.
  • Not extending the post-birth period for complications — multiple births, premature deliveries, and caesarean sections extend the post-birth protection period to 12 weeks.
  • Failing to conduct a risk assessment — the MSchG requires employers to assess workplace hazards for pregnant employees.

The protection periods (Schutzfristen)

The Mutterschutzgesetz mandates two protection periods. The prenatal protection period begins eight weeks before the expected birth date (or on the date the pregnancy is confirmed if later). The postnatal protection period lasts eight weeks after birth, extended to 12 weeks for multiple births, premature deliveries, or caesarean sections. During both periods, the mother is absolutely prohibited from working.

Wochengeld (maternity pay)

During the protection period, the health insurance fund pays Wochengeld (a form of Krankengeld) at the full rate of the employee's previous net earnings. The benefit replaces the employee's normal salary and is subject to health insurance contributions. Employers are not required to top up the benefit, though some collective agreements provide for supplementary pay.

Dismissal protection

The MSchG provides robust dismissal protection from the start of pregnancy until four weeks after the end of the protection period. During this time, the employer cannot terminate the employment relationship, even with notice. Exceptions are only possible in cases of business closure with the approval of the Arbeits- und Sozialgericht.

Frequently asked questions

How is Wochengeld calculated?

Wochengeld is calculated based on the employee's average net earnings in the 12 weeks before the start of the protection period. It is paid at the full rate by the health insurance fund.

Can a pregnant employee continue working after the 8-week prenatal period begins?

No. The prenatal protection period is mandatory. The mother cannot work during the eight weeks before the expected birth date, even if she wishes to.

What happens if the baby is born prematurely?

If the baby is born before the expected date, the prenatal protection period ends and the postnatal period begins. The unused prenatal days are added to the postnatal period, which is extended to 12 weeks for premature births.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.