Protection of mother and child at the workplace
Pursuant to Article 2 para. 1 MuSchG the employee must guarantee that a pregnant or breast-feeding mother is sufficiently protected at her workplace from any dangers to life and health and that she gets the opportunity to lay down and rest during the pauses and, if necessary, also during her working hours (Article 2 para. 4 No. 1 MuSchG).
In cases of doubt, the supervisory authority will clarify, pursuant to Article 2 para. 5 MuSchG, whether a specific workplace and the specific working condition could lead to a danger for the pregnant and breast-feeding mother.
It must be taken care that the workplace is designed in conformity with health standards, e.g. by avoiding long-term one-sided postures (Article 2 para. 2 and 3 MuSchG), monotonous activities, or time pressure. These strains at monitor workplaces can be reduced by a corresponding organization of the work routines, e.g. by changing activities and suitable break regulations.
Among other things, pregnant and breast-feeding mothers must not
- carry out heavy physical work (Article 4 para. 1 and para. 2 No. 1; Article 6 para. 3 MuSchG)
- be occupied with work where they are exposed to the detrimental effects of substances that pose a risk to their health or to radiation, dust, gases, or vapours, heat, cold, or wet conditions, vibrations, or noise (Article 4 para. 1; Article 6 para. 3 MuSchG)
- carry out work after the end of the fifth month of their pregnancy where they are required to stand continuously (Article 4 para. 2 No. 2 MuSchG)
- be occupied in nightshifts (between 8.00 P.M. and 6.00 A.M.) and on Sundays and public holidays (Article 8 para. 1 MuSchG)
- work for more than 8.5 hours a day or 90 hours in two weeks (extra work; Article 8 para. 1 and 2 MuSchG)
Particular regulations protect pregnant and breast-feeding women when working with x-rays and radioactive substances. Chemical and biological pollutants may also pose a risk.
But besides the general bans on working the Maternity Protection Law also contains an individual ban on working for individual cases. In these cases a medical certificate is required pursuant to Article 3 para. 1 MuSchG stating that the life or the health of the mother is at risk if the present occupation were continued. This medical certificate can prohibit the occupation partially or totally and the employer is obliged to comply with this.
If there is a sickness, the doctor must give the pregnant woman a sick note.
The absence periods due to a ban on working are considered as periods of work and must therefore not be offset against leave entitlements.