Germany has a number of regulations designed to protect pregnant working women and their unborn children. The regulations for employed women and self-employed women differ considerably.
Statutory maternity protection for employees
The Maternity Protection Act (MuSchG) primarily covers the following areas for employed women and women attending university:
Employment bans before and after childbirth
Statutory maternity protection periods apply to all pregnant women who are employed, prohibiting them from working for six weeks before and eight weeks after giving birth (12 weeks in the case of premature or multiple births). These periods are intended to protect expectant and new mothers and their children from health risks, excessive demands at work, financial losses and job loss before and after birth.
General work ban
A general work ban during pregnancy means that, regardless of the maternity protection period, a pregnant woman may not work because her work could pose a danger to her or her child, even if she would otherwise be fit to work. There is a distinction between a general company-imposed ban and an individual ban.
A general company-imposed work ban applies when the workplace or activity is fundamentally incompatible with pregnancy. This may be the case if the work involves physical exertion, if night work is required or if there is an increased risk of accident or infection.
Under the Maternity Protection Act, employers are required to conduct a risk assessment for pregnant or breastfeeding employees and can modify the workplace to eliminate any danger or consider transferring the employee. If this is not possible, they must issue a work ban. The company-wide work ban takes effect from the moment the pregnancy is announced.
For example, employment is banned
Furthermore, pregnant women may only work until 8 p.m., and employment between 8 p.m. and 6 a.m. is prohibited. However, female artists, for example those who perform on stage in the evenings, may be eligible for an exemption. Employees can waive their maternity protection and, in exceptional cases, an extension of working hours until 10 p.m. is possible upon application. This requires the consent of the pregnant woman, the employer, and the attending gynaecologist.
Working after 10 p.m. is generally prohibited. Exceptions are granted by the relevant authorities only in particularly justified individual cases.
In addition to adhering to working hours, a continuous rest period of at least 11 hours must be granted between work periods.
Depending on the federal state, the responsible supervisory authority for maternity protection may be the trade supervisory office (Gewerbeaufsichtsamt) or the occupational health and safety authority (Amt für Arbeitsschutz) at the employee's place of residence. Employers and employees can contact these authorities for assistance with matters such as submitting an application for extended working hours.
A doctor can issue an individual certificate of unfitness for work if there is a medical risk to the mother and/or child. This may be the case in a high-risk pregnancy or when the work involves strenuous physical activity, for example.
Employers must not ignore a medical certificate of this kind.
Maternity benefit
Wage replacement benefits in the form of maternity benefits are paid during the period before and after childbirth when a pregnant woman is not permitted to work. Those with statutory health insurance receive this benefit from their health insurance fund and must apply for it there. Those with private insurance and those covered under family insurance should apply for maternity benefit through the Federal Office for Social Security (Maternity Benefit Office). The employer also supplements this benefit payment.
The amount of maternity benefit is approximately equal to the average net salary earned in the last three calendar months prior to the start of maternity leave. It has no negative impact on the subsequent payment of parental allowance.
Self-employed individuals and maternity protection
The German Maternity Protection Act does not automatically apply to the self-employed. No statutory ban on employment, mandatory maternity leave periods or automatic continued payment of wages apply to those in this category.
Self-employed individuals decide for themselves whether and for how long they work before the birth, and when they return to work afterwards. In any case, it is advisable to seek medical advice regarding your professional situation.
Financial compensation
Self-employed individuals have limited options for claiming financial compensation for periods of time when they are unable to work. The options available depend on their insurance situation, i.e. whether they have statutory or private health insurance.
Maternity pay and the Artists' Social Security Fund (KSK)
Those with compulsory insurance through the KSK within the statutory health insurance system are entitled to maternity pay. During maternity leave, which is usually six weeks before and eight weeks after birth, you can receive maternity pay amounting to approximately 70 percent of your average income subject to social security contributions over the last 12 months. Your health insurance provider decides the amount of your maternity pay.
Your KSK insurance remains in effect without contributions while you are receiving maternity pay; i.e. contributions are suspended. The KSK requires a certificate from your health insurance provider confirming the period during which you are receiving maternity pay.
Information from the KSK: Artists' Social Security Fund and maternity pay/parental allowance (in German, Künstlersozialversicherung und Mutterschaftsgeld / Elterngeld)
Parental allowance is a government-funded wage replacement benefit for a specific period during which someone is caring for infants/toddlers and therefore has a reduced income. It can be claimed by employees and the self-employed. Eligible applicants include couples, single parents and separated parents. The payment applies to biological children, adopted children, and, in some cases, grandchildren, siblings, etc.
Different payment models for parental allowance can be chosen depending on the recipient's personal circumstances, each with varying payment periods. Basic parental allowance can be paid for between two and twelve months, whereas the periods differ for Parental Allowance Plus and the Partnership Bonus.
Parental allowance months do not have to be taken consecutively and can be taken in instalments.
The amount of parental allowance received is calculated based on income during a defined assessment period. Taxes and social security contributions are deducted and a net amount is paid out.
The assessment period used to calculate the amount of parental allowance differs for employees and the self-employed:
The basic parental allowance is roughly equivalent to 65% of the average monthly income.
You can choose a payment method that allows you to work while receiving the allowance. Self-employed individuals can work up to 30 hours per week and earn an income. However, if income is earned while receiving parental allowance, it will be deducted retroactively from the allowance, resulting in a lower payment.
There are calculators available to help you estimate your expected parental allowance, for example at: www.elterngeld.de/elterngeldrechner (in German).
Application
You must apply for parental allowance through the parental allowance office (Elterngeldstelle) in your place of residence. These offices are often located within the youth welfare office (Jugendamt) or district office (Bezirksamt). You can search for the responsible offices nationwide here (information in German).
In some federal states, you can also apply for parental allowance online via the Elterngeld webpage (information in German).
Important! Apply well in advance, ideally before the birth: Payments are only made retroactively for three months from the application date.
Employees must submit payslips for the last 12 months, while self-employed individuals must submit a copy of their income tax assessment for the last calendar year prior to the birth.
A birth certificate must also be submitted; a copy is sufficient for children born in the EU but not Germany, while a certified German translation is required for children born outside the EU.
Information on the additional documents that self-employed individuals must submit can be found here: Gründerplattform – Applying for parental allowance in four steps (information in German).
Once your application has been submitted, you will initially receive a provisional parental allowance notification. When the parental allowance period has ended, you must provide proof of your actual income and expenses, or salary, during that period. A final decision will then be issued. Any overpaid parental allowance must be repaid, or a back payment will be issued in the case of underpayment.
Generally, parental allowance applications are reviewed on an individual basis. We recommend consulting the parental allowance office in every case.
Artists' Social Security Fund and parental allowance
Can you remain insured through the Artists' Social Security Fund while receiving parental allowance? Whether compulsory insurance under the Artists' Social Security Act (KSVG) continues while receiving parental allowance depends on whether the insured person continues or suspends their artistic activity during this time.
If work resumes directly after the end of maternity leave (eight weeks after birth), compulsory insurance continues. The amount of the contributions is then based on the anticipated earned income.
If professional activity is paused after the end of maternity leave, there is no compulsory insurance under the KSVG during this time. Membership cannot be suspended; it is terminated. If you wish to resume your insurance cover at a later date, you will need to re-register with the Artists' Social Security Fund.
If the membership is temporarily suspended due to childcare periods, mothers and fathers will generally not experience any disadvantages. Health and long-term care insurance coverage continues without restriction while receiving parental allowance, and periods spent raising children count towards the pension under the pension insurance system.
In any case, it is advisable to contact the Artists' Social Security Fund well in advance of suspending or resuming your work.
The following information is provided by the KSK: Artists' Social Security Fund and maternity benefit/parental allowance (in German, Künstlersozialversicherung und Mutterschaftsgeld / Elterngeld).
A very helpful YouTube video with tips on parental allowance and the KSK is available from lawyer A. Jürgensen: KSK and parental allowance (in German, KSK und Elterngeld - Tipps und Infos).
Can foreign nationals receive parental allowance in Germany?
Anyone who lives or works in Germany can receive parental allowance under certain conditions, even if they do not hold German citizenship. The country of employment principle generally applies, i.e. the country where you work is primarily responsible for parental allowance.
EU/EEA citizens and Swiss nationals who are employed or reside in Germany are eligible for parental allowance in Germany.
For non-EU citizens, the length of stay and residence title are relevant factors. The decisive factor is whether your stay in Germany is expected to be permanent or not. Parental allowance is available with:
Citizens of Morocco, Algeria, Tunisia and Turkey are exempt from these requirements based on association agreements. Employees from these countries working in Germany are entitled to parental allowance regardless of their residence permit. However, insurance coverage from one of the social security branches is required (e.g. pension or unemployment insurance).
Those with a residence permit that includes a temporary work permit are not eligible for parental allowance. War refugees are not entitled to the allowance, although exceptions apply to those who have lived in Germany for more than three years due to hardship and who work or receive social benefits here. The same exceptions apply to citizens of Ukraine.
A residence permit for vocational training purposes does not entitle the holder to parental allowance.
The following applies to cross-border commuters:
If both parents live in Germany and work
in another EU/EEA country or Switzerland, they can claim parental allowance in Germany. The same applies if one parent works in Germany and the other works abroad. In both cases, the child's place of residence is decisive.
However, if only one parent works in another EU/EEA country or Switzerland and the other parent is unemployed, there is no entitlement to parental allowance in Germany; the benefits paid abroad apply. If, in this case, the parental allowance abroad is lower than that in Germany, the difference can be claimed in Germany.
Exception: Switzerland: As this family benefit does not exist in Switzerland, benefits can be claimed in Germany.
Those who live in Germany and work abroad must first apply for parental allowance in the country where they work. In Germany, applications are generally only fully processed once proof of benefits received abroad is provided.
Anyone living in an EU/EEA country or Switzerland with a German employment contract can apply for parental allowance in Germany. The country of employment principle applies.
Those living outside the EU/EEA or Switzerland with a German employment contract are generally not entitled to parental allowance in Germany.
Information
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