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Notify employment of a pregnant or breastfeeding woman


A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth to a child or is breastfeeding. In principle, your employee is free to decide whether and when to inform you about her pregnancy or breastfeeding. You do not have to notify the supervisory authority responsible for you until your employee has informed you of your pregnancy.

A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth to a child or is breastfeeding. In principle, your employee is free to decide whether and when to inform you about her pregnancy or breastfeeding. You do not have to notify the supervisory authority responsible for you until your employee has informed you of your pregnancy.

Regardless of the type of employment relationship, the Maternity Protection Act also applies to:

  • women working part-time,
  • women in marginal employment (mini-jobs),
  • women in fixed-term employment or in probationary periods,
  • women undergoing vocational training and trainees,
  • women with disabilities who are employed in a workshop for disabled people,
  • women who work as volunteers within the meaning of the Youth Voluntary Services Act or the Federal Voluntary Service Act, and
  • Women who work as members of a spiritual cooperative, deaconesses or members of a similar community in a permanent position or on the basis of a contract for it, even during the period of their extracurricular education there.
  • Pupils and students, insofar as the training centre stipulates the place, time and course of the training event or who are completing an internship that is mandatory as part of their school or university education.

They should also provide information on the nature of the employment in the notification to the competent supervisory authority. This saves queries. In any case, you must indicate the following about the pregnant/breastfeeding person:

  • name, address and date of birth,
  • the expected date of delivery,
  • place of employment,
  • employment status (e.g. trainee, employee, civil servant) and
  • (if applicable) work on Sundays and public holidays, timed work or employment of trainees, pupils and students between 8 p.m. and 10 p.m.

If you would like to use the pregnant or breastfeeding employee after 8 p.m., you must apply for this separately.

If you have notified the regulator of an employee's pregnancy, you no longer need to make another report when your employee returns to work and breastfeeds.

Important notes:

  • You must not pass on the information about your employee's pregnancy and breastfeeding to third parties without authorization (except to the persons in your company who are entrusted with the execution and implementation of protective measures).
  • In addition to the obligation to notify, you as an employer have other obligations, for example to protect health in the workplace and to provide benefits during and after pregnancy.
  • If you do not comply with the maternity protection requirements, this can be punished. The supervisory authority will also advise you on questions relating to maternity leave.

Regardless of the type of employment relationship, the Maternity Protection Act also applies to:

  • women working part-time,
  • women in marginal employment (mini-jobs),
  • women in fixed-term employment or in probationary periods,
  • women undergoing vocational training and trainees,
  • women with disabilities who are employed in a workshop for disabled people,
  • women who work as volunteers within the meaning of the Youth Voluntary Services Act or the Federal Voluntary Service Act, and
  • Women who work as members of a spiritual cooperative, deaconesses or members of a similar community in a position or on the basis of a contract for it, even during the period of their extracurricular education there

Process flow

You can notify the employment of a pregnant or breastfeeding woman in writing, by e-mail or online:

  • The registration form is available online on the homepage of the State Trade Inspectorate of Lower Saxony. Download it and fill it out. However, you can also make the notification informal.
  • Send the notification to the supervisory authority responsible for you
  • As a rule, you will not receive a confirmation of receipt.

Note: If you would like to employ your pregnant or breastfeeding employee after 8 p.m., in night, overtime, piecework or flow work, you must apply for this separately.

Who should I contact?

State Trade Inspectorate of Lower Saxony

For activities and facilities subject to the Federal Mining Act: State Office for Mining, Energy and Geology (LBEG)

Requirements

Your co-worker, pupil, intern or student has informed you about your pregnancy or breastfeeding.

Which documents are required?

none

What are the fees?

Emission: free of charge

What deadlines do I have to pay attention to?

If your employee has informed you about your pregnancy, you must inform the local labour inspectorate .dem or LBEG immediately.

Processing duration

none

Applications / forms

Forms available: Yes

Online procedure possible: no

Written form required: no

Personal appearance required: no

Appeal

No redress

What else should I know?

An online service is in preparation.

The Maternity Protection Act does not apply to:

  • Independent
  • members of executive bodies and managing directors of legal entities or companies (unless they are also predominantly active as employees),
  • housewives as well as
  • Female soldiers, unless they work outside the portfolio of the Federal Ministry of Defence on the basis of an official order or permission.

For female civil servants and judges, the Maternity Protection Act applies indirectly.

Technically approved by

Lower Saxony Ministry of Social Affairs, Health and Equality

Author

The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)