NATIONAL LABOUR MARKET POLICIES
Basic Information Reports
2.2.2.3.Maternity Protection Act (Mutterschutzgesetz - MSchG)
Pregnant women are unconditionally prohibited from working for a duration of eight weeks prior to delivery and between the eighth and sixteenth week after delivery (term of protection). Beyond these periods there is an absolute ban on employment if the life or health of the mother or child is endangered by continued employment before childbirth or if the mother is unfit for work after the term of protection has expired.
The employee concerned receives health insurance benefits (maternity allowance) during the term of protection.
During pregnancy women may not be obliged to carry out heavy physical work or duties which are harmful to their own organism or to their unborn child.
Apart from some exceptions, night-work, Sunday work and work on national holidays is prohibited for pregnant and nursing women.
On expiry of the term of protection the mother is entitled to parental leave until her child's second birthday. She also has the option of working part-time until her child's fourth birthday in lieu of taking all or part of the leave due.
Under the terms of the Parental Leave Act, fathers are also entitled to leave and/or part-time employment if they share the same domicile as the child, if they are the principal custodian of the child, if a working mother partially or totally forfeits her entitlement to leave or if her employment prevents her from caring for the child. Parental leave may also be shared between parents; in this case each parent may avail of leave only once for a minimum duration of three months.
Parents who qualify for leave under the terms of the Unemployment Insurance Act are entitled to a parental allowance financed from unemployment insurance funds. Part-time employees receive a reduced allowance.
| 
