EU law (Council Directive 92/85/EEC) requires employers in every member state to assess the risks that work poses to pregnant and breastfeeding employees and to take appropriate protective measures. How this is implemented varies from country to country. This page uses Germany as an example, where the requirements are set out in the Maternity Protection Act (MuSchG).
In Germany, every organisation must include maternity protection in its risk assessment and document it. Since the beginning of 2019, failure to do so can result in fines of up to €5,000. Under Section 10(1) MuSchG, each hazard must be assessed by its nature, extent and duration. The likelihood of occurrence and the severity of potential harm must also be taken into account.
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A Step-by-Step Maternity Protection Risk Assessment
This assessment focuses in particular on three groups:
- Expectant mothers
- Breastfeeding mothers
- The mother's child
Broadly speaking, this assessment is no different from a general risk assessment.
- Activities are recorded and analysed in detail.
- Hazards are identified.
- The hazards are then assessed according to their severity and likelihood.
- Measures are developed and objectives are set.
However, this is not about the general physical and psychological harm that may arise from working conditions and should therefore be prevented. It concerns risks that apply specifically to pregnant and breastfeeding women.
Which activities could affect the health of pregnant or breastfeeding women? Which working conditions or work processes could contribute to this?
A maternity protection risk assessment therefore focuses solely on the risks that may arise for expectant and breastfeeding mothers. All other risks are covered separately by the general risk assessment.
There must always be a link between the activity performed and the hazard. For example, the risk that an employee might trip and bruise their foot is always present. It does not relate specifically to the groups listed above and therefore does not need to be covered in the maternity protection risk assessment.
Can an Employment Ban Be Imposed?
Yes, but only as a last resort. If the risk assessment identifies an unacceptable risk for a pregnant or breastfeeding employee, German law (Section 13 MuSchG) sets a fixed order of steps:
- Adapt the working conditions so that the risk is eliminated.
- If this is not possible or not reasonable, move the employee to another suitable workplace.
- If this is not possible either, she may no longer be employed (employer-imposed employment ban).
The employment ban is therefore not at the employer's discretion. It is mandatory once the first two steps are exhausted. During this period, the employee continues to receive her previous pay as maternity protection pay (Section 18 MuSchG). Employers are reimbursed for these costs through the U2 levy scheme.
What Changed Under the 2018 Maternity Protection Act?
Until the end of 2018, companies were given time to adapt to the new legislation. In principle, it retained all existing maternity protection provisions. The following changed:
- Employers are now required to include maternity protection explicitly in their risk assessments and document it.
- Employers also have an express duty to instruct their employees.
- The protection period after childbirth was extended to twelve weeks if the child has a disability. In addition, protection against dismissal applies for four months after a miscarriage from the 12th week of pregnancy.
- The benchmark is an unacceptable risk: employers must not allow a woman to carry out activities or work under conditions that involve such a risk.
- The ban on night and Sunday work was relaxed. Pregnant and breastfeeding women who expressly agree may work between 8 p.m. and 10 p.m. under certain conditions. The supervisory authority must also grant approval.
- The Act was extended to new groups and now covers almost all women in an employment or training context, including employees, school pupils, university students and women in vocational training.
Instruction matters because an employee is expected to inform her employer of her pregnancy herself. The risk assessment must then be tailored to her. From that point on, she may no longer carry out any work for which appropriate protective measures have not been or cannot be taken.
Latest: Maternity Protection After a Miscarriage
Since 1 June 2025, staggered protection periods apply in Germany after a miscarriage:
- from the 13th week of pregnancy: up to 2 weeks
- from the 17th week of pregnancy: up to 6 weeks
- from the 20th week of pregnancy: up to 8 weeks
During this time, the employee may not be employed unless she expressly states that she wishes to work. She can withdraw this statement at any time. She receives maternity benefit plus the employer's top-up payment, which employers are reimbursed for through the U2 levy scheme.
