Legal Protection for Students During and After Pregnancy
Introduction and Aims
As of 01/01/2018, all students studying at universities throughout Germany are covered by the provisions of the Maternity Protection Act (Mutterschutzgesetz, MuSchG), including § 1, paragraph 2, clause 2, item 8, MuSchG.
This law serves to protect your health as a mother-to-be, and the health of your child, at your place of study during your pregnancy, after childbirth and during the period in which you may be breastfeeding. The law is aimed at enabling you to continue your studies during this time without any risk to your health, or the health of your child. It prevents you suffering any discrimination during the pregnancy, after childbirth and during the period in which you may be breastfeeding. Provisions contained in other laws on working conditions remain unaffected.
Disclosure and Notifications (§ 15 MuSchG)
If you become pregnant, you must notify the university of this and of the due date, as soon as you know that you are pregnant. Similarly, if you are breastfeeding, make the university aware of this as soon as you can. As proof of your pregnancy, you will need to provide the University with a copy of your maternity notes (Mutterpass), a doctor’s certificate or a certificate from a midwife, which indicates your due date.
When notifying the University of your pregnancy, submit a copy of the page of your maternity notes on which the due date is noted to the academic advisor in your department of study.
The University is legally obliged to inform the relevant regulatory authority, that being the Regional Council in Karlsruhe (§ 10 and § 27, MuSchG).
Period of protection (§ 3 MuSchG)
As a pregnant student, the university cannot allow you to continue your studies in the final six weeks of the pregnancy, unless you explicitly declare yourself able to do so. If you make such a declaration, you maintain the right to revoke it at any time. The length of the period of protection is calculated on the basis of the due date, as noted on the doctor’s certificate or certificate from a midwife. If you do not give birth on your due date, the period of protection will be lengthened or reduced respectively.
The university cannot allow you to study within the eight week period following childbirth, unless you explicitly declare yourself willing to do so. If you make such a declaration, you maintain the right to revoke it at any time.
The period of protection following the childbirth is lengthened to twelve weeks in the case of:
1. premature birth,
2. multiple births,
3. and if, after the eight week period following the birth, the child is medically diagnosed with a disability in the sense defined in § 2, paragraph 1, clause 1, ninth book of the Social Security Code (Sozialgesetzbuch).
In the case of a premature birth, the period of protection is generally lengthened by the amount of time by which the period of protection prior to the birth was reduced, as according to item 3, provided that you request this.
Disadvantages suffered as a result of the pregnancy, childbirth or a period of breastfeeding are to be prevented, or compensated for (§ 9, paragraph 1, clause 4, MuSchG).
Limitations on study
In the evening or at night (§ 5, paragraph 2, MuSchG)
As a pregnant student, or a student who is breastfeeding, the University cannot allow you to undertake any part of your studies between the hours of 8 pm and 6 am. You may attend seminars, lectures or study sessions until 10 pm, provided that
- you explicitly declare yourself able to do so
- attendance at this time is necessary for study purposes and
- in particular, working alone does not pose an unreasonable risk to you, as a pregnant woman, or to your child.
As a pregnant or breastfeeding student, you may revoke your declaration at any time. You may not attend seminars, lectures or study sessions after 10 pm for any reason.
On Sundays and bank holidays (§ 6, paragraph 2, MuSchG)
As a pregnant student, or a student who is breastfeeding, the University cannot allow you to undertake any part of your studies on Sundays or on bank holidays. You may attend seminars, lectures or study sessions on Sundays and bank holidays, provided that
- you explicitly declare yourself able to do so
- attendance at this time is necessary for study purposes, and
- you are given an alternative day of rest each week. This day of rest should immediately follow an overnight period of at least eleven hours, during which the student was not engaged in study activities, and
- in particular, working alone does not pose an unreasonable risk to you, as a pregnant woman, or to your child.
As a pregnant or breastfeeding student, you may revoke your declaration at any time.
Please submit your declaration to your academic advisor.
