Termination during pregnancy: You have these rights

To ensure that you do not receive notice of termination during pregnancy, the legislature has issued special regulations within the framework of maternity protection. On maternity leave, for example, you may not be dismissed without further ado. Find out here what you can do if you receive notice from your employer while you are pregnant.

Protection against dismissal during pregnancy

By law, your employer is not allowed to give you notice of termination during and up to four months after your pregnancy; these protection periods are stipulated by law. Prerequisite for the protection against dismissal : The protection is only effective if your employer has been informed by you about the pregnancy.

Your employer may not use your pregnancy as an opportunity to terminate your employment. If you go to work during your pregnancy, absences due to  pregnancy symptoms  or health examinations do not give the employer any reason for termination either. You can take advantage of the at least ten check-ups during pregnancy to ensure the health of mother and child.

Protection against dismissal after pregnancy

A termination is ineffective up to four months after your pregnancy. Only in the case of an early stillbirth , when your child is born with no signs of life and already weighs 500 grams or more, does this protection not apply. If you have applied for parental leave, the protection against dismissal during the rest period after the birth will be replaced by further protection against dismissal during the subsequent parental leave. Parental leave allows you to step back professionally after the birth of your baby. Find out here how to apply for parental leave , whether you are entitled to parental allowance and what else you need to watch out for.

Reasons for termination during pregnancy

During and after pregnancy, a termination can still be valid with a few exceptions:

  • Your employment contract is limited to a trial period . As soon as the probationary period ends, the employment relationship is also terminated. You cannot appeal against dismissal during the probationary period.
  • If your contract is limited, you can ask your supervisor for an extension of the employment relationship, but you have no right to demand it.
  • You have negotiated a termination agreement with your employer. In a termination agreement, your employer offers you to end the employment relationship by mutual agreement and to pay you a severance package. If you accept the offer, the protection against dismissal becomes ineffective because you are giving notice of your own accord.
  • The company has to file for bankruptcy.
  • The company has to close individual areas and cannot transfer you to another workplace.
  • The company cannot continue without you as a qualified specialist.
  • There was a serious breach of duty between you and the company.
Right to Reinstatement

You have the right to be employed again by your employer after your maternity leave or parental leave. The re-employment in your old company is linked, among other things, to the condition that you take up a position in your old company again within one year after the date of confinement. In addition, the employment relationship is only not considered interrupted if you have not worked in another company in the meantime.

What to do in the event of a termination during pregnancy?

According to the Maternity Protection Act (MuSchG) , the employer is entitled toprohibited from terminating you. If your employer dismisses you during this period, you can file a complaint with the labor court within three weeks. In this case, it is best to speak to a lawyer immediately. It can happen that your employer fires you before he even knows about your pregnancy. In this case, you have a two-week period to inform him of your pregnancy. As a result, maternity protection and the associated protection against dismissal become effective and the dismissal becomes ineffective. It can happen that you miss the two-week deadline, for example because you were on vacation during this time and therefore not available. In this case, you must do so immediately so that you are entitled to protection against dismissal. Important is,

Submitting notice of termination during pregnancy

You can give notice of termination at any time during your pregnancy. Maternity protection only obliges your employer not to fire you. You are only bound by the notice period specified in your employment contract. However, you should think carefully about handing in your notice of termination while you are pregnant, as you will lose all entitlement to unemployment benefits and any maternity benefit supplements. Maternity benefit is a wage replacement payment that is paid to women during maternity leave. Find out in our article on maternity benefit if you are entitled to it, what to look out for when applying and how it is calculated.

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