Maternity Protection (Mutterschutz) in Germany 2026
Germany's Maternity Protection Act (Mutterschutzgesetz, or MuSchG) protects pregnant and breastfeeding employees at work, provides protected periods around childbirth and restricts dismissal. This guide explains the rules that apply in 2026 and the steps for claiming maternity benefit.
How long does maternity protection last?
The dates are calculated using the expected date of birth on your medical certificate and the actual date of birth.
- Before birth: 6 weeks before the expected due date
- After birth: normally 8 weeks after delivery
- Premature or multiple birth: 12 weeks after delivery
- Child with a disability: 12 weeks after delivery if the disability is medically established within the first 8 weeks and you request the extension from your health insurance fund
If the baby arrives before the expected due date, the days lost from the 6-week period before birth are added to the protected period after birth.
Who is covered?
The Maternity Protection Act applies to employees during pregnancy, after childbirth and while breastfeeding. The decisive factor is generally the employment relationship, not German citizenship.
Self-employed people are not covered by the MuSchG. Their income protection around childbirth depends on their health insurance and any optional sickness-benefit cover.
Protection at work
Once your employer knows about the pregnancy, they must apply the maternity-protection rules to your workplace. They must assess the risks and organize the job so that neither you nor your child is exposed to an unacceptable hazard.
- The employer must first adjust your working conditions where necessary.
- If that is not sufficient, the employer must consider moving you to another suitable workplace.
- If safe employment is not possible, the employer may not continue employing you in that role.
- You must be released from work for necessary prenatal examinations without loss of pay if an appointment outside working hours is not possible.
- After your return, you are entitled to paid release from work for breastfeeding as provided by the MuSchG.
Protection against dismissal
Special dismissal protection generally runs from the start of pregnancy through the protected period after childbirth, and for at least 4 months after the birth. During this period, an employer generally may not dismiss you.
The protection requires the employer to know about the pregnancy. If the employer did not know when giving notice, you can normally inform them within 2 weeks after receiving the dismissal. Missing that deadline may still be excused if the delay was not your fault and you notify the employer without delay afterwards.
Maternity benefit and employer supplement
Employed members of a statutory health insurance fund can receive maternity benefit (Mutterschaftsgeld) during the protected periods.
- The health insurance fund pays up to €13 per calendar day.
- The calculation is based on average net pay from the last 3 settled calendar months before the protected period begins.
- If the average daily net pay is higher than €13, the employer normally pays a supplement covering the difference.
Employed people who are privately insured or covered through family insurance may be able to apply for maternity benefit from the Federal Office for Social Security (Bundesamt für Soziale Sicherung). The applicable payment route and amount depend on the insurance and employment situation.
How to apply — step by step
- 1Get the due-date certificate
Ask your doctor or midwife for a certificate showing the expected date of birth.
- 2Apply to the correct body
If you are an employed member of a statutory health insurance fund, send the certificate and application to your fund. If you are privately or family insured and employed, check eligibility and apply through the Federal Office for Social Security.
- 3Inform your employer
Provide the information needed for the employer supplement and for workplace and dismissal protection. Your health insurance fund and employer use your pay data to calculate the benefit.
- 4Submit proof of birth
After delivery, send the birth certificate intended for maternity-benefit purposes to the responsible body so the post-birth payment can be completed.
What documents do you need?
- Certificate showing the expected date of birth
- Application required by your health insurance fund or the Federal Office for Social Security
- Birth certificate for maternity-benefit purposes after delivery
- Employment and pay information requested for the calculation
- Bank details for payment
Protection after a miscarriage
Since 1 June 2025, statutory protected periods also apply after a miscarriage from the 13th week of pregnancy. The length depends on when the miscarriage occurred:
- From the 13th week: 2 weeks
- From the 17th week: 6 weeks
- From the 20th week: 8 weeks
The person affected may choose to work during this period if they expressly agree, and can withdraw that agreement at any time. The official medical certificate known as Form 9 has been valid since 1 January 2026 for certifying a miscarriage for maternity-protection purposes.
Frequently asked questions
How long is maternity protection in Germany?
The standard protected period starts 6 weeks before the expected date of birth and ends 8 weeks after the birth. The post-birth period is 12 weeks after premature or multiple births and, on request, after the birth of a child with a disability.
Can I work during the maternity protection period?
During the 6 weeks before the expected birth, you may work only if you expressly choose to do so, and you can withdraw that decision at any time. After the birth, employment is generally prohibited during the protected period.
How much maternity benefit do employees receive?
For employed members of a statutory health insurance fund, the fund pays up to €13 per calendar day, calculated from net pay in the last 3 settled calendar months before the protected period. The employer normally pays the difference up to the relevant average net pay.
Can my employer dismiss me while I am pregnant?
Special protection against dismissal generally applies from the start of pregnancy through the protected period after birth, and for at least 4 months after the birth. The employer must know about the pregnancy; if they did not know when giving notice, you can usually notify them within 2 weeks after receiving the dismissal.
Official sources
- Federal Family Portal: How long maternity protection applies before and after birth
- Federal Family Portal: Protection against dismissal
- Federal Family Portal: Calculating and applying for statutory maternity benefit
- Federal Family Portal: Rules after miscarriage and stillbirth
- Maternity Protection Act (Mutterschutzgesetz)