Applying for an exemption from the ban on overtime and night work for a pregnant or breastfeeding person

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.

Accordingly, special rules apply to pregnant and breastfeeding women when it comes to physically or mentally demanding work.

As an employer, you are not permitted to employ pregnant or breastfeeding women in the following activities:

• Night work
• overtime
• continuous flow work
• piecework
• other work in which higher pay can be achieved in return for a higher work rate

In particularly justified individual cases, you can apply for an exemption from the authority responsible for occupational health and safety.

Night work is when an activity is carried out between 10 p.m. and 6 a.m.

If you employ a pregnant or breastfeeding woman aged 18 or over, this is considered overtime if she works

• over 8.5 hours a day
• over 90 hours in a double week (including Sundays)
• the contractually agreed weekly working hours exceed the monthly average

works more than the monthly average.

If you employ a pregnant or breastfeeding woman under the age of 18, this is considered overtime if she:

• over 8 hours a day
• over 80 hours in a double week (including Sundays)
• the contractually agreed weekly working hours exceed the monthly average

works more than the monthly average.

If there are other employers in addition to you, the working hours must be added together.

Authorization of overtime, night work, continuous or piecework does not replace the basic requirement to notify the supervisory authority that an employee is pregnant. This notification must be made as soon as the employer has been informed of the pregnancy.

Requirements

• As the applicant, you are the employer.
• The pregnant or breastfeeding woman expressly declares her willingness to do so.
• The medical certificate does not speak against the planned
  
  • night work,
  • overtime,
  • piecework or
  • continuous work.
• An irresponsible risk to the pregnant woman due to working alone, the type of work and the pace of work is excluded.
• There is no irresponsible risk to the child from working alone, the type of work and the pace of work.

What documents do I need?

• Documentation of the assessment of working conditions in accordance with Section 14 (1) MuSchG
• Medical certificate stating that there is no reason why the woman should not be employed:
  
  • Night,
  • multiple,
  • piecework or
  • continuous flow work.
• Declaration of consent by the pregnant or breastfeeding woman
  
  • The woman can revoke her declaration at any time.