Who pays the continued payment of wages during pregnancy?? Six weeks before. Eight or. twelve weeks after the birth of your child, according to § 3 para. 2 and § 6 para. 1 of the Maternity Protection Act (MuSchG) the general ban on employment. The pre-natal employment ban is a general ban, so you can continue to work at your express request. After the birth of your child, on the other hand, there is an absolute ban on employment. During this time, you may not be employed by your employer, even at your request. You are entitled to maternity pay from the health insurance fund during the maternity protection period.
If certain requirements are met, you are also entitled to a maternity allowance from your employer. In addition, general and individual employment bans can be imposed outside the protection periods. These apply from the day on which you announce your pregnancy to your employer. General employment bans apply, for example, in the case of heavy physical work, harmful exposure to substances or radiation that are harmful to health, standing for long periods at the workplace, occupations with a possible occupational disease as well as increased risk of accidents or piecework.
Individual employment bans, on the other hand, are imposed in view of the pregnant woman's personal state of health. This usually requires a doctor's certificate prohibiting the expectant mother from working. An individual employment ban is certified by a doctor if the life or health of the mother and her unborn child are endangered by the exercise of the activity. Normal pregnancy complaints such as morning sickness do not count as grounds for an individual ban on employment.
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Continued payment of wages during the employment ban
The Maternity Protection Act also regulates the financial protection of the employee. According to Section 1 of the German Maternity Protection Act (MuSchG), working women are entitled to continued payment of wages in the event of maternity or. During a ban on employment. This includes all women who are employed, those who work from home and those who are treated as equals. During a ban on employment, the employee may not suffer any financial loss.
Thus, the employer is obliged to pay a continuation of salary (maternity protection salary), which corresponds to the average salary of the employee. This is the average score over the past 13 weeks. The employer must also pay Sunday, holiday and nighttime bonuses included in wages. It is a prerequisite that the prohibition of employment is the sole and unavoidable reason for not carrying out the activity.
If the employee refuses to work, is ill or refuses a reasonable alternative job in breach of the contract, the employer is not obliged to pay the maternity protection wage. At the time of maternity leave, you are also entitled to maternity pay from the health insurance fund, as explained earlier. During maternity leave, you are usually entitled to a maternity allowance from your employer, which is often overlooked. According to the amendment of 30. March 2017 have from 01. January 2018, female pupils and students are also entitled to maternity leave under certain conditions.
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