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Maternity leave and the right to a risk assessment

Maternity leave protects the health of pregnant and breastfeeding persons and their children and enables them to continue their work or studies, to the extent that this is feasible. In addition, maternity leave is intended to counteract discrimination during pregnancy, after childbirth, and while breastfeeding. Existing regulations on working hours and occupational safety are taken into account, and the focus is placed on the special circumstances of pregnant and breastfeeding persons.

The Maternity Protection Act applies to all pregnant and breastfeeding persons who are employed, including apprentices. Since January 1, 2018, the Maternity Protection Act has also applied to students.

Maternity protection includes, in particular: 

  • protection of health at the workplace,
  • a prohibition on working in the weeks before and after childbirth,
  • special protection against dismissal,
  • guaranteed income during the period when work is prohibited,
  • paid leave for medical examinations and breastfeeding, when neccessary during working hours 

Maternity protection begins as soon as you become pregnant. It applies until after childbirth and during the breastfeeding period. However, Clausthal University of Technology can only effectively protect your health and that of your child by implementing the necessary protective measures once you have informed the university of your pregnancy or that you are breastfeeding. The protection period under the Maternity Protection Act begins 6 weeks before the estimated due date and generally ends 8 weeks after the actual date of delivery (12 weeks after delivery in the case of multiple births or premature births). There is also a phased maternity protection period for miscarriages occurring on or after the 13th week of pregnancy.

Financial support during the protection periods is provided by the maternity allowance from the health insurance provider and a subsidy from the employer.

The supervisor is required to conduct an appropriate risk assessment for the workplace of a pregnant or breastfeeding employee immediately upon becoming aware of the situation and to implement measures as necessary. Important information on maternity protection and risk assessments is compiled on the Occupational Safety section’s webpage.

Additional links on maternity protection:

Maternity protection for female civil servants is governed by special regulations:

  • If you are a federal civil servant, the Federal Maternity Protection Ordinance applies to you.
  • If you are a state civil servant, the Lower Saxony Civil Service Act (NBG) applies to you.