Maternity protection risk assessment in Germany: employer duties step by step
The German Maternity Protection Act (Mutterschutzgesetz) requires an assessment of every activity – even if nobody is currently pregnant. What belongs in the general assessment and what to do once an employee reports her pregnancy.
Last updated on 8 min readAMS Go editorial team
Key points at a glance
- Employers must assess, for every activity, which hazards exist for pregnant and breastfeeding women – regardless of whether a woman currently works there (Section 10 of the Maternity Protection Act, MuSchG).
- Once an employee reports her pregnancy, the employer implements the necessary protective measures without delay, offers a meeting and notifies the supervisory authority (Sections 10, 27 MuSchG).
- Protective measures follow an order: first adapt the working conditions, then offer another workplace, and only as a last resort impose an employer's ban on employment (Section 13 MuSchG).
- Certain activities are prohibited for pregnant employees, such as regularly lifting more than 5 kilograms, certain hazardous substances or piecework (Section 11 MuSchG).
Two stages: general and case-specific
Since the reform of the Maternity Protection Act in 2018, the risk assessment under Section 10 MuSchG has two stages:
General assessment
Whenfor every activity as part of the general risk assessment – even without pregnant or breastfeeding employees
Whatassess hazards by type, extent and duration and determine whether protective measures are needed, working conditions must be adapted or the activity cannot be continued
Case-specific implementation
Whenwithout delay after a pregnancy or breastfeeding is reported
Whatimplement the defined protective measures, tailor them to the person and offer a meeting about further adjustments
Since 2025, the general assessment for an activity may be omitted if a rule of the Committee for Maternity Protection classifies that activity as an unacceptable hazard – it is then excluded for pregnant employees anyway.
Which hazards to assess
- hazardous substances, especially reprotoxic, germ cell mutagenic and carcinogenic substances
- biological agents, for example in care, childcare or laboratories
- physical agents such as ionising radiation, shocks, vibration, noise, heat and cold
- a stressful working environment, such as overpressure or oxygen-reduced atmospheres
- physical strain: lifting and carrying, constant standing, stretching, bending, squatting
- accident hazards, especially from slipping, falling or tripping
- work pace: piecework, assembly line and paced work
- working hours: overtime, night, Sunday and public holiday work
- mental workload and lone working
Activities prohibited for pregnant employees
The Maternity Protection Act lists activities and working conditions for which an unacceptable hazard is assumed. Pregnant employees may not carry them out (Section 11 MuSchG), and comparable rules apply to breastfeeding women (Section 12 MuSchG). Examples:
Lifting and carrying
Prohibited for pregnant employees, for exampleregularly more than 5 kg or occasionally more than 10 kg without mechanical aids
Standing
Prohibited for pregnant employees, for exampleafter the end of the fifth month, predominantly static constant standing for more than four hours a day
Posture
Prohibited for pregnant employees, for examplefrequent considerable stretching or bending, permanent squatting or stooping
Work pace
Prohibited for pregnant employees, for examplepiecework as well as assembly line and paced work with a prescribed pace if they constitute an unacceptable hazard
Working hours
Prohibited for pregnant employees, for examplenight work between 8 pm and 6 am – exceptions until 10 pm only with official approval –, overtime beyond 8.5 hours a day or 90 hours in a double week
After a pregnancy is reported: 5 steps
- 1
Notify the supervisory authority
The employer informs the competent supervisory authority without delay once an employee has reported her pregnancy or breastfeeding (Section 27 MuSchG). Most federal states offer online forms for this.
- 2
Implement the assessment
Use the general assessment for the workplace and implement the protective measures defined there without delay.
- 3
Offer a meeting
Offer the employee a meeting about further adjustments to her working conditions (Section 10 (2) MuSchG).
- 4
Follow the order of measures
First adapt the working conditions, then offer a suitable other workplace. An employer's ban on employment is only an option if neither is possible (Section 13 MuSchG).
- 5
Document
Document the result, the protective measures and the offer of a meeting (Section 14 MuSchG) and update them when things change.
Protection periods and working hours
- protection period before birth: six weeks – the pregnant employee may continue working at her own express request (Section 3 MuSchG)
- protection period after birth: eight weeks, twelve weeks for premature and multiple births; an absolute ban on employment applies during this time
- since 1 June 2025, staggered protection periods after a miscarriage from the 13th week of pregnancy: two, six or eight weeks – the woman may return to work earlier at her own request
- no overtime, no night work between 8 pm and 6 am, Sunday and public holiday work only under strict conditions (Sections 4 to 6 MuSchG)
- time off for medical check-ups and for breastfeeding (Section 7 MuSchG)
Documentation and support
The assessment is documented together with the general risk assessment – for every activity, with the result of whether and which protective measures are needed during pregnancy and breastfeeding. Support is available from the company doctor, the occupational safety specialist, the supervisory authorities of the federal states and the rules of the Committee for Maternity Protection.
Violations – such as a missing assessment or failure to notify the authority – are administrative offences and can be fined (Section 32 MuSchG).
Checklist: maternity protection risk assessment
- General maternity protection assessment carried out for every activity
- Result documented and communicated to all employees
- Prohibited activities and possible adaptations defined per workplace
- Process after a pregnancy is reported defined, contact person named
- Notification to the supervisory authority prepared
- Meeting offered to the employee and documented
- Working hours checked for overtime, night and Sunday work
- Company doctor involved
- Assessment updated when activities change
Free templates for this guide
As PDF and Excel, no sign-up – free to use in your own company.
Frequently asked questions
Do I need a maternity protection assessment if nobody is pregnant?
Yes. Since 2018, the assessment has been mandatory for every activity regardless of the occasion – even if no pregnant or breastfeeding woman currently works there (Section 10 MuSchG). It is part of the general risk assessment.
When do I have to inform the supervisory authority?
Without delay after an employee has reported her pregnancy or breastfeeding (Section 27 MuSchG). Depending on the federal state, the labour inspectorates or occupational safety authorities are responsible.
May a pregnant employee work at night?
In principle not between 8 pm and 6 am (Section 5 MuSchG). Work until 10 pm is only possible with the woman's express consent, a medical certificate and official approval.
Who pays during a ban on employment?
The employee receives maternity protection pay equal to her previous average earnings. The employer is reimbursed by the health insurance fund through the U2 levy scheme.
How long may pregnant employees stand?
After the end of the fifth month, a pregnant employee may not work predominantly standing still if this lasts more than four hours a day (Section 11 (5) MuSchG). She must also be able to briefly interrupt her work and sit or lie down (Section 9 MuSchG).
Terms from the glossary
This guide gives a general overview of German occupational safety law and does not replace legal advice. The regulations in force and the rules of the statutory accident insurance institutions are authoritative.
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