Pregnancy in the workplace - what rights do I have?
August 22, 2022 | 30,00 EUR | answered by Bernhard Vollmann
Dear Lawyer,
My name is Anneliese Zimmermann and I have been working as an office clerk in a medium-sized company for three years. Recently, I found out that I am pregnant and now I am faced with the question of what rights I have regarding my pregnancy in the workplace.
Currently, I am experiencing some uncertainty because I do not know exactly how my employer will react to the news of my pregnancy. I am worried that I may be fired or discriminated against because of my pregnancy. I also wonder if I am entitled to special protection during my pregnancy and what steps I can take if problems arise.
Could you please explain to me what rights I have as a pregnant employee? Are there any laws that protect me from termination or discrimination? What measures can I take to protect my rights and safeguard myself from any possible disadvantages?
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. Thank you in advance.
Sincerely,
Anneliese Zimmermann
Dear Mrs. Zimmermann,
Thank you for your inquiry regarding your rights as a pregnant employee in your medium-sized company as an office clerk. It is understandable that you may feel uncertain in this situation and are concerned about how your employer will react to the news of your pregnancy.
First and foremost, I want to assure you that as a pregnant employee, you are entitled to special protection. In Germany, there are legal provisions that protect your rights during pregnancy and after childbirth. The Maternity Protection Act (MuSchG) regulates, among other things, the protection against dismissal for pregnant women. According to § 17 MuSchG, your employer is generally prohibited from terminating your employment during your pregnancy and for up to four months after childbirth.
Furthermore, as a pregnant employee, you are also entitled to maternity pay and maternity leave according to the Maternity Protection Act. Your employer is obligated to offer you certain working conditions that are suitable for your situation as a pregnant woman. This includes, for example, a ban on night work, overtime, and extra work, as well as a ban on hazardous work.
If you still feel that you are being disadvantaged due to your pregnancy or if your employer is violating legal provisions, you have the option to contact the relevant supervisory authority or a labor law attorney. It is important that you know your rights and seek legal advice if in doubt, in order to protect yourself from potential disadvantages.
I hope that this information has been helpful to you and I am available to assist you further if you have any more questions or need legal advice. I wish you all the best for your pregnancy and your professional situation.
Sincerely,
Bernhard Vollmann
