As soon as a woman learns she is pregnant, the Maternity Protection Act requires her to inform her employer about the pregnancy and the expected date of delivery. While there is an obligation to notify, there are no legal consequences for late or omitted notification.
Many expectant mothers deliberately inform their employers of their pregnancy early on, but initially don't want this sensitive information to be shared with colleagues. But how far does the employer's duty of confidentiality extend? Is it permissible to share this information without consent—and what does the law say about it?
What awaits you:
Pregnancy: Disclosure only permitted with consent
Employers may not disclose a pregnancy to third parties without the express consent of the affected employee. This confidentiality obligation applies to all persons within the company who are not directly involved in the maternity protection process.
According to the Maternity Protection Act, every employer is required to conduct a risk assessment for all workplaces. The goal is to define and implement appropriate protective measures in the event of pregnancy.
These include, among other things, working time restrictions and restrictions on certain activities: For example, pregnant women are not allowed to stand for more than four hours a day from the fifth month onwards. Also prohibited are heavy lifting, frequent bending, and working in noisy, dusty, or polluted environments.
In order for the employer to ensure this protection, it is permissible to inform certain persons – for example, direct superiors, company doctors or occupational safety specialists.
Unauthorized disclosure of pregnancy: Fines possible in labor law: The 10 most important success factors
If a manager discloses an employee's pregnancy to colleagues without her express consent, this can have legal consequences. Such unauthorized disclosure of confidential information can be considered a data protection violation—and, in the worst case, punishable by a fine for the employer.
Was your pregnancy disclosed without your knowledge or consent? We will examine the legal situation, clarify your claims, and support you in consistently enforcing your rights – including potential fines against your employer.