Maternity Protection Law (Germany)
The German maternity law includes all laws and regulations that the maternity leave rules for employees, officers, judges and soldiers in Germany.
Employment Law
The Maternity Protection Act (MuSchG) is of great practical importance . It regulates maternity protection for women who are in an employment relationship are, or in home offices are busy. The Maternity Protection Act contains regulations on the organization of the workplace, on employment bans and on remuneration in the event of employment bans, on notification obligations, on overtime, night and Sunday work, maternity leave , dismissals and maternity allowance .
The Maternity Protection Act was supplemented by the Ordinance on the Protection of Mothers in the Workplace . The ordinance required employers to carry out risk assessments for expectant and nursing mothers; it also contains further employment bans. It put the European directive 92/85 / EEC (maternity protection directive ) into German law. Since 1992, this directive has defined minimum standards for the safety and health protection of pregnant workers, those who have recently given birth and those who are breastfeeding in the workplace.
Civil service and military law
The ordinance on maternity protection for federal civil servants and parental leave for federal civil servants (Mutterschutz- und Elternzeitverordnung - MuSchEltZV) applies to federal officials . It replaced the regulation on maternity protection for civil servants (Mutterschutzverordnung - MuSchV), which had been in force since 1961. The Maternity Protection and Parental Leave Ordinance contains some special regulations for civil servants and judges, but otherwise refers to the Maternity Protection Act. This means that the same rules apply to federal civil servants and judges as to employees.
The federal states have issued their own statutory ordinances on maternity protection for their female civil servants and judges, for example the Bavarian Maternity Protection Ordinance (BayMuttSchV) as published on October 7, 2003 (GVBl. P. 785).
The maternity protection ordinance for female soldiers (MuSchSoldV) came into force on January 30, 1990. It contains similar regulations as the Maternity Protection Act. She also refers to the ordinance on the protection of mothers in the workplace, the rules of which are to be applied to female soldiers accordingly.
Maternity Guidelines
The maternity guidelines do not belong to maternity protection law in the strict sense . These are guidelines of the joint federal committee that regulate medical care for women during pregnancy and after childbirth. They are intended to ensure adequate, appropriate and economical medical care for the insured during pregnancy and after delivery, in accordance with the rules of medical art and taking into account the generally recognized state of medical knowledge.
Web links
- Directive 92/85 / EEC (PDF)
Individual evidence
- ↑ Ordinance on the protection of mothers at work (MuSchArbV)
- ↑ Guidelines of the Federal Joint Committee on Medical Care During Pregnancy and After Childbirth ("Maternity Guidelines" of December 10, 1985)
