Employment ban: What is it for?

What is the purpose of the employment ban?

The employment ban is intended to protect you and your child from dangers in the workplace. A distinction is made between the general and the individual employment ban. The protection periods form the general employment ban to which you are entitled by law. The individual employment ban can be issued by the competent supervisory authority or your doctor. Find out below how you can protect yourself and your unborn child during pregnancy and which things you should rather do without.

This is how you protect your unborn child

Alcohol, cigarettes, caffeine, sports or long-distance travel? Each of us has beloved hobbies and vices. Here you can find out which things you should avoid during pregnancy.

The general employment ban

The so-called general ban on employment grants all expectant mothers a rest period before and after the birth. It is required by the state and does not have to be given by a doctor. This means that the employer must grant you these times. The protection periods are divided into three phases:

• Period of pregnancy: As a pregnant woman, you have the right not to work six weeks before the birth. However, you do not have to exercise this right or make full use of it. It is up to you or your doctor to decide. Find out more about possible places of birth and how to prepare for the hospital stay and childbirth in our special on childbirth preparation.
• Time after the birth: You are not allowed to work for eight weeks after the birth. This time is not optional, there is a strict ban on working. In the case of a premature birth or multiple births , the protection period increases to twelve weeks. Unfortunately, even if you exceed the calculated delivery date, the protection period is not extended by these days. The previously set time remains in place.
• Breastfeeding at work: Your employer is obliged to give you breastfeeding breaks during work. You are entitled to either an hour break per day or half an hour twice a day to breastfeed your baby.

The individual employment ban

In special cases, your doctor or the supervisory authority responsible for your employer can issue an employment ban for you. This is the so-called individual employment ban. Your doctor or the authorities will intervene in the following cases:

• In the event of an illness or other health problems that could endanger your pregnancy, your doctor can issue you with an individual employment ban.
• Being pregnant with twins or triplets poses some dangers for both mother and children , hence it is also called a high-risk pregnancy.
• After giving birth, many women who have recently given birth are not fit enough to go back to work even after the normal protection period. Here, too, a doctor can issue you with a certificate of an employment ban in the event of complaints.

protective measures in the workplace

The possible dangers at the workplace and the consideration of possible individual cases are very diverse. In addition to the general protection periods, your employer is obliged to take appropriate protective measures for you at your workplace. You can see what they can look like here:

• Places to rest and rest
• Healthy workplace with sufficient breaks and variety. For example, pregnant women should not sit in front of a computer screen for too long.
• Avoidance of health risks: – no physically demanding activities, protection from harmful substances, radiation, gases, extreme heat, cold, moisture and noise.

Of course there are workplaces, especially in factories, where these strict regulations cannot always be followed and where the employer cannot set up special structures. In this case, it must be clarified with the supervisory authority or your doctor whether your workplace poses a risk to you and your child. If so, you will be banned from working.

Employment ban in the case of risks at the workplace

Your workplace can also harbor unexpected risks. It is important that you check carefully whether your workplace or your activity poses a risk to you and your child. The following list shows you which circumstances at your workplace can lead to an employment ban:

• Piece work and flow work with prescribed working speed
• Night work (8 p.m. – 6 a.m.), overtime, work on Sundays and public holidays
• Pregnant women from 5 months who work standing for at least four hours
• Jobs that often require you to stretch, bend, or crouch
• Operation of machines with the foot
• Job with a high risk of occupational disease for you and the child. An occupational disease can be, for example, a disease caused by working with chemical substances that has a negative effect on pregnancy.
• High risk of accidents
• Regularly lift, move or convey more than five kilograms and occasionally more than ten kilograms

In addition to the Maternity Protection Act, additional regulations apply to you:

• § 26 Ordinance on Hazardous Substances
• § 56 Radiation Protection Ordinance
• § 18 X-ray Ordinance
• Compressed Air Ordinance

Inspector can issue a ban on employment

Again and again you may not be sure whether your work is dangerous and therefore prohibited or not. Even your employer cannot always give you a satisfactory answer to this question. In these cases, the supervisory authority is involved in accordance with the Maternity Protection Act. This is usually the respective trade supervisory authority. In the event of internal conflicts regarding work that is hazardous to health, the inspectorate tries to reach a satisfactory agreement. In individual cases, it is also possible to forbid certain work and to issue a ban on employment.

Work despite employment ban

If you do work that is forbidden for you despite all medical recommendations and despite a pronouncement of the employment ban, you can put your employer in distress. This is a misdemeanor on the part of the employer. He is responsible for ensuring that you do not carry out any hazardous work. Even if you are willing to keep working, your manager is responsible. This can even be a criminal offence, as your employer willfully exposes you to hazardous work despite knowing better.

As already mentioned, the six-week ban on employment before childbirth is the exception. However, you should only work during this time if you are absolutely sure that you are not asking too much of yourself in terms of health. Play it safe and talk to your doctor about it. He can usually better assess whether you are physically fit for work and whether your work does not pose an acute danger to you and your baby.

Please always remember, however, that you can only claim an employment ban if your employer has been informed of your pregnancy.