As of: March 14, 2024, 5:11 a.m
By: Carina Blumenroth
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If a woman becomes pregnant, something changes when she does her job.
For example, if the doctor issues a ban on employment.
What that means.
Expectant mothers should be protected from stress, which is why, depending on the activity, pregnant women may be banned from working.
The doctor wants to protect the health of mother and child.
This can mean that the woman is no longer able to do part or all of her job.
But what does that mean for women’s salaries?
Prohibition of employment during pregnancy
Under certain circumstances, pregnant women can be banned from working by their doctor at an early stage.
(Symbolic image) © YAY Images/Imago
Normally, the employment ban for pregnant women begins six weeks before the expected due date.
However, if there is a high-risk pregnancy, this may already be the case when the pregnancy becomes known.
Women are also protected in professional groups that pose an increased health risk.
The Arbeitsrechte.de
portal summarizes which activities pregnant women are generally not allowed to do
.
Heavy physical work
Piecework and assembly line work
Dealing with hazardous and biological substances
Work with an increased risk of accidents
Activities with an increased risk of infection
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Salary in the event of a ban on employment during pregnancy
A woman who is not allowed to be employed partially or at all due to a ban on employment outside the protective periods before or after childbirth receives maternity protection wages from her employer.
The maternity protection wage is the average wage for the last three billed calendar months before the onset of pregnancy.
This also applies if the employment or type of remuneration changes because of this ban.
If the employment relationship only begins after the pregnancy occurs, the average salary is to be calculated from the salary for the first three months of employment.
§ 18, Maternity Protection Act (MuSchG)
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If pregnant women are banned from working, they are still entitled to full wages.
This is determined based on the average wages of the previous three months.
The
Hopkins
Law Firm provides information on exactly how wages are calculated:
(Gross wages in the month before the pregnancy + gross wages 2 months before the pregnancy + gross wages 3 months before the pregnancy) : 3 = salary during the employment ban (gross)
The salary in the employment ban represents wages subject to taxes and contributions, informs the
health insurance company AOK
.
Employment ban: What about allowances?
The North Rhine-Westphalia State Institute for Occupational Safety and Health
informs that regularly paid hardship allowances and time allowances for Sundays and public holidays are also included in the calculation of average earnings
.
The payment is therefore also taken into account if “work subject to surcharge occurred regularly or only occasionally during the calculation period”.