Changes to Maternity Protection Act Approved
On December 19, 2024, the German Parliament approved changes to the Maternity Protection Act (MuSchG) to further strengthen the protection of pregnant and breastfeeding employees. The new regulations will come into effect on January 1, 2025.
Key changes:
- Extended protection period for pregnant employees: The period of protection against dismissal and termination has been extended from 12 to 14 weeks before the expected date of birth.
- Increased protection against pregnancy-related discrimination: Employers are now explicitly prohibited from treating pregnant or breastfeeding employees less favorably due to their pregnancy or breastfeeding status. This includes discrimination in hiring, promotion, and job assignments.
- Enhanced reporting requirements: Employers are now required to report any pregnancy-related discrimination incidents to the competent supervisory authority.
- Improved breastfeeding support: Employers must provide breastfeeding employees with suitable break times and a safe and private space to express milk. They are also required to provide information and support on breastfeeding to pregnant and breastfeeding employees.
Background:
The Maternity Protection Act was first introduced in Germany in 1952 and has since been amended several times to reflect changing societal norms and workplace practices. The latest amendments aim to address concerns about pregnancy-related discrimination and to ensure that pregnant and breastfeeding employees have the necessary support to thrive in the workplace.
Employer responsibilities:
Employers are responsible for implementing and enforcing the provisions of the Maternity Protection Act. They must create a work environment that is safe and supportive for pregnant and breastfeeding employees. This includes:
- Providing risk assessments and necessary adjustments to working conditions to prevent harm to pregnant or breastfeeding employees and their babies.
- Allowing for flexible work arrangements, such as adjusted working hours or remote work, to accommodate the needs of pregnant or breastfeeding employees.
- Offering training and support to managers and other employees on pregnancy-related discrimination and breastfeeding support.
Employee rights:
Pregnant and breastfeeding employees have the right to be protected from discrimination and to receive the necessary support to continue working safely and effectively. They should feel comfortable reporting any incidents of discrimination or concerns about their health or well-being to their employer or the competent supervisory authority.
Conclusion:
The changes to the Maternity Protection Act represent a significant step forward in protecting the rights of pregnant and breastfeeding employees in Germany. By extending protection periods, enhancing reporting requirements, and improving breastfeeding support, the new regulations aim to foster a more inclusive and equitable workplace.
Änderung des Mutterschutzgesetzes beraten
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