Expectant parents often face many unanswered questions about maternity protection and parental leave. The differences between the two regulations are not always clear.
Added to this are uncertainties regarding legal requirements and their practical implementation in everyday life. This makes it all the more important to be well-informed and familiar with the current legal framework.
Maternity leave or parental leave? The difference explained clearly
To clearly distinguish between maternity protection and parental leave, it is helpful to take a closer look at both terms.
Maternity protection applies exclusively to pregnant women and mothers shortly before and after childbirth. During this time, they enjoy special legal protection, as stipulated in the Maternity Protection Act. These regulations primarily concern working conditions and health protection during this sensitive phase.
Are you unsure about your rights as an expectant mother? Feel free to schedule a consultation at my employment law firm – I will provide you with competent and reliable support.
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Maternity protection and parental leave: Important regulations at a glance
The Maternity Protection Act (MuSchG) guarantees special rights for pregnant women and young mothers. The most important provisions include:
- There is a legal ban on employment during pregnancy and after birth.
- During this time, mothers receive maternity benefit as financial compensation.
- Special protection against dismissal protects pregnant women and mothers from job loss.
- Night, Sunday and holiday work is prohibited for expectant mothers.
- Dangerous or physically demanding activities must not be performed during pregnancy.
- Maternity protection usually begins six weeks before the expected date of birth.
- After the birth, there is a work ban of eight weeks – in the case of premature or multiple births, this period is extended to twelve weeks.
The Parental leave differs significantly from maternity protection:
- It begins after birth and is not only available to the mother – fathers, foster parents or, in exceptional cases, grandparents can also apply for it.
- The aim of parental leave is to care for and raise the child in the first years of life.
- The maximum duration is three years per child and can be flexibly divided up until the child's eighth birthday.
Maternity protection and parental leave: Is an overlap possible?
Whether parental leave and maternity protection overlap depends on who is taking the parental leave:
- For mothers An overlap is excluded – you are either on maternity leave or on parental leave, but not both at the same time. Parental leave can begin immediately after maternity leave. Important: The maternity leave period (eight or twelve weeks after birth) is credited towards parental leave (Section 15 (2) Sentence 3 of the Parental Leave Act (BEEG)), so parental leave is reduced accordingly.
- For fathers An overlap is possible. If the father applies for parental leave before the birth, it can coincide with the mother's maternity leave. His parental leave remains valid for the full duration – up to three years.
Do you have questions about maternity protection or parental leave? I'm happy to assist you in clarifying your rights and enforcing your claims through my employment law consulting services.
Re-pregnancy during parental leave – what should be considered?
If a mother becomes pregnant again while on parental leave, the question often arises whether the leave can be interrupted and continued at a later date. The answer: Yes, it is possible.
It is important to inform your employer as soon as possible about your new pregnancy and the planned termination of your parental leave. The remaining parental leave can be reapplied for and used after maternity leave and, if necessary, following another period of parental leave.
Tip: Timely and open communication with the employer helps to avoid misunderstandings and ensure smooth planning.
The legal basis for this can be found in Section 16 Paragraph 3 BEEG.
Do you have questions about parental leave or maternity protection? I would be happy to advise you personally in my employment law firm—competently, passionately, and with an eye for your individual needs.
