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 in employment, students and pupils. 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 - regardless of the gender stated in the birth entry.
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
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 8 p.m. and 6 a.m. If you only intend to employ the pregnant or breastfeeding woman until 10 p.m., this only requires a permit in accordance with Section 5 Para. 1 in conjunction with Section 28 MuSchG. § 28 MuSchG only an official permit is required. For pregnant or breastfeeding women, pupils or students between 10 p.m. and 6 a.m., an official exemption permit is required in accordance with § 29 Para. 3 MuSchG.
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 for 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.
- Exception to the ban on overtime and the ban on night work in special cases, as well as the type of work and the pace of work
- Work must not endanger the health of the woman or the child
- an exception must be granted for the employment of a pregnant or breastfeeding person in physically or mentally demanding work
- Exception necessary for:
- Night work
- overtime
- continuous flow work
- piecework
- other work in which higher pay can be achieved in return for a higher work rate
- Night work: work between 8 p.m. and 6 a.m.
- Counts as overtime:
- if women over the age of 18
- work more than 8.5 hours a day
- work more than 90 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
- if women under the age of 18
- work more than 8 hours a day
- work more than 80 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
- if women over the age of 18
- Required documents:
- medical certificate
- Declaration of consent from the pregnant or breastfeeding woman
- Documentation of the risk assessment in accordance with § 14 Para. 1 MuSchG and the protective measures taken as a result
- The woman can revoke her consent at any time
- Responsible in Saarland: State Office for Environmental Protection and Occupational Safety (LUA)
- medical certificate stating that there is no reason why the woman should not be employed:
- Night work,
- overtime,
- piecework or
- continuous flow work.
- Declaration of consent by the pregnant or breastfeeding woman
- the woman can revoke her declaration at any time
- Documentation on the assessment of working conditions
- Result of a risk assessment
- Need for and determination of necessary protective measures
- If necessary, offer of a discussion with the woman about further adjustments to the working conditions
- 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.
You must submit the application before the pregnant or breastfeeding woman takes up employment.
- Contradiction
- Further information on how to lodge an objection can be found in the notification of your application for approval
The Maternity Protection Act does not apply to:
- Self-employed persons
- Board members and managing directors of legal entities or companies (unless they are also predominantly employed)
- housewives
The reason for this is that they are not in an employment relationship.
The text was automatically translated based on the German content.
- Exception to the ban on overtime and the ban on night work in special cases, as well as the type of work and the pace of work
- Work must not endanger the health of the woman or the child
- an exception must be granted for the employment of a pregnant or breastfeeding person in physically or mentally demanding work
- Exception necessary for:
- Night work
- overtime
- continuous flow work
- piecework
- other work in which higher pay can be achieved in return for a higher work rate
- Night work: work between 8 p.m. and 6 a.m.
- Counts as overtime:
- if women over the age of 18
- work more than 8.5 hours a day
- work more than 90 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
- if women under the age of 18
- work more than 8 hours a day
- work more than 80 hours in a double week (including Sundays)
- the contractually agreed weekly working hours exceed the monthly average
- if women over the age of 18
- Required documents:
- medical certificate
- Declaration of consent from the pregnant or breastfeeding woman
- Documentation of the risk assessment in accordance with § 14 Para. 1 MuSchG and the protective measures taken as a result
- The woman can revoke her consent at any time
- Responsible in Saarland: State Office for Environmental Protection and Occupational Safety (LUA)
- medical certificate stating that there is no reason why the woman should not be employed:
- Night work,
- overtime,
- piecework or
- continuous flow work.
- Declaration of consent by the pregnant or breastfeeding woman
- the woman can revoke her declaration at any time
- Documentation on the assessment of working conditions
- Result of a risk assessment
- Need for and determination of necessary protective measures
- If necessary, offer of a discussion with the woman about further adjustments to the working conditions
- 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.
You must submit the application before the pregnant or breastfeeding woman takes up employment.
- Contradiction
- Further information on how to lodge an objection can be found in the notification of your application for approval
The Maternity Protection Act does not apply to:
- Self-employed persons
- Board members and managing directors of legal entities or companies (unless they are also predominantly employed)
- housewives
The reason for this is that they are not in an employment relationship.
The text was automatically translated based on the German content.