Apply for permission to employ a pregnant or breastfeeding woman between 8 p.m. and 10 p.m.

The Maternity Protection Act applies to all pregnant and breastfeeding women who are in an employment relationship. A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth or is breastfeeding - regardless of the gender stated in the birth registration.

Pregnant or breastfeeding women may not be employed by their employer between 8 p.m. and 6 a.m. or on Sundays and public holidays.

If you as an employer wish to employ a pregnant or breastfeeding woman between 8 p.m. and 10 p.m., you must submit an application for approval to your local health and safety authority.

Your application is approved if you have not received a rejection after 6 weeks.

The competent authority may refuse or temporarily prohibit you from employing the pregnant or breastfeeding woman during this period. The aim is to ensure that the health of the woman or her child is protected.

If the supervisory authority does not refuse or provisionally prohibit employment, you may employ the woman between 8 pm and 10 pm.

Your application for permission to work between 8 p.m. and 10 p.m. does not replace the notification of employment of a pregnant or breastfeeding woman.

Requirements

• As the applicant, you must be an employer.
• The pregnant or breastfeeding woman has expressly declared her willingness to do so.
• A medical certificate does not speak against working until 10 pm.
• There is no irresponsible risk to the pregnant woman or the child from working alone.
• The working conditions do not permit any other irresponsible hazards.

What documents do I need?

• Medical certificate
  
  • which confirms that there is nothing to prevent a woman from working until 10 pm.
• Declaration of consent by the pregnant or breastfeeding woman
  
  • The woman can revoke her declaration at any time.
• Documentation for the assessment of working conditions:
  
  • Result of a risk assessment
  • If necessary, need for and determination of necessary protective measures
  • If necessary, offer of a discussion with the woman about further adjustments to the working conditions
• Statement on working alone