Maternity Protection Periods in Germany: When They Start and End
Protection periods before and after birth under the German Maternity Protection Act, extensions for premature and multiple births – with a worked example.
Pregnancy3 linked calculatorsReading time: 6 min.
Maternity protection (Mutterschutz) protects pregnant women and mothers around the birth: during the protection periods, the employer may not employ them. When the periods start and end is set out in section 3 of the Maternity Protection Act (MuSchG).
For guidance
The examples show the rules of the German Maternity Protection Act. What counts is the date on the certificate from your doctor or midwife. For questions about your situation, your employer, health insurer or a pregnancy counselling centre can help.
Key takeaways
- Before the birth: 6 weeks before the expected date of delivery; working is only possible if the woman expressly declares she is willing.
- After the birth: 8 weeks; 12 weeks for premature and multiple births, and also 12 weeks on request if the child has a disability.
- If the baby arrives before the due date, the days missed before the birth are added to the protection period afterwards.
- After a miscarriage from the 13th week of pregnancy, there is a separate, staggered protection period.
- During the protection periods, there is maternity benefit and usually a supplement from the employer.
Protection period before birth
The employer may not employ a pregnant woman in the last 6 weeks before delivery unless she expressly declares that she is willing to work; she may withdraw this declaration at any time. The expected date of delivery on the certificate from a doctor or midwife is decisive. If the baby arrives earlier or later, the protection period before the birth becomes shorter or longer accordingly (section 3(1) MuSchG).
Calculate the due date
Estimated due date from the first day of the last period – as a guide.
Protection period after birth
After delivery, the employer may not employ a woman for 8 weeks. The period is extended to 12 weeks (section 3(2) MuSchG):
- for premature births,
- for multiple births,
- if a disability of the child is medically diagnosed within eight weeks of the birth – in this case only if the woman applies for it.
If the baby arrives before the expected date, the protection period after the birth is also extended by the days by which the period before it was shortened. This way, no protection time is lost.
Worked example
An example with a made-up due date and no reason for extension:
| Case | Start | End | Duration |
|---|---|---|---|
| Birth on the due date (Mon, October 11, 2027) | Mon, August 30, 2027 | Mon, December 6, 2027 | 99 days |
| Birth one week early (Mon, October 4, 2027) | Mon, August 30, 2027 | Mon, December 6, 2027 | 99 days |
Expected date of delivery in the example: Mon, October 11, 2027. The duration counts the protection period before the birth, the day of delivery and the protection period after it. Calculated with our maternity protection calculator.
Maternity protection for your due date
Start and end of the protection periods, including early or multiple births.
Protection after a miscarriage
After a miscarriage, the employer may not employ a woman unless she expressly declares that she is willing to work (section 3(5) MuSchG):
- from the 13th week of pregnancy: until 2 weeks have passed
- from the 17th week of pregnancy: until 6 weeks have passed
- from the 20th week of pregnancy: until 8 weeks have passed
The declaration that she will work anyway can be withdrawn at any time. Midwives, medical practices and pregnancy counselling centres offer advice and support.
Notification, protection against dismissal and pay
- Notification: a pregnant woman should inform her employer of the pregnancy and the expected date of delivery as soon as she knows; on request, she provides a certificate from a doctor or midwife (section 15 MuSchG).
- Protection against dismissal: dismissal is not permitted during pregnancy, until four months after a miscarriage after the twelfth week of pregnancy, and until the end of the protection period after the birth, at least until four months after delivery – provided the employer knows or is told within two weeks of the dismissal (section 17(1) MuSchG).
- Pay: members of a statutory health insurance fund receive maternity benefit from their insurer of at most 13 euros per calendar day during the protection periods; the employer pays the difference to the average net pay as a supplement (section 24i SGB V, section 20 MuSchG). Anyone who is not a member of a statutory health insurance fund receives maternity benefit from the Federal Office for Social Security on application, at most 210 euros in total (section 19(2) MuSchG).
Calculate your week of pregnancy
Week and day of pregnancy for any date.
Frequently asked questions
When does maternity protection start?
How long does maternity protection last after the birth?
What happens if the baby comes early?
May I work during the protection period before the birth?
Sources
Every figure in this article comes from these primary sources or from the linked calculators, which are based on the same sources.
- Maternity Protection Act (MuSchG), section 3 (protection periods) (accessed September 30, 2026)
- MuSchG, section 15 (notification and evidence) (accessed September 30, 2026)
- MuSchG, section 17 (protection against dismissal) (accessed September 30, 2026)
- MuSchG, section 19 (maternity benefit) (accessed September 30, 2026)
- MuSchG, section 20 (employer supplement) (accessed September 30, 2026)
- Social Code Book V (SGB V), section 24i (maternity benefit) (accessed September 30, 2026)
- familienplanung.de (Federal Institute for Public Health, BIÖG): calculating the due date (accessed September 30, 2026)
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