Mutterschutz how it works

3 posts in this topic

Hi All,

 

I am probably asking something already addressed in this forum.

 

By law the Mutterschutz is from 6 weeks before delivery to 8 weeks after, which means a total of 14 weeks. 

Since I am currently working from home and doing fine, I was considering shortening to 3 weeks the leave before giving birth. But before asking my employer, my main question is: can I then add these 3 weeks AFTER delivery (and then have 11 full paid weeks instead of 8)?

Is this possible by law and/or is a "private arrangement" with the employer?

 

thank you very m,uch in advance for any clarification!

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IANAL, but I know that some women in our company made a private agreement with HR that the days worked in Mutterschutz before the birth would be added to an extra holiday account and can be used as vacation days. But this was a specific deal of each person with HR and I believe Betriebsrat. The agreement ran week by week and could have been revoked by the mother-to-be at any point in time. There was some legal bla about the employer being not responsible if anything goes wrong. 

 

Just to add (cause I didn't know that): If your child is born earlier, the days are added to the Mutterschutz after the birth. You will always get the 14 weeks. If your child is born early and considered premature, Mutterschutz is extended by another four weeks to 18 weeks total. 

If your child is born late, you will still get the 8 weeks after the birth. 

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well, the law is explained nicely in this article:

https://familienportal.de/familienportal/familienleistungen/mutterschutz/wie-lange-besteht-der-mutterschutz-vor-und-nach-der-geburt--125046

 

in short: you are allowed to work during the weeks before giving birth, if you want to. So you could make an arrangement with your employer, as you described - taking 3 weeks off the time before, and tagging them onto the time after. Talk to your employer.

 

You may not come back early after giving birth. During those 8 weeks (or 12 for certain special circumstances) work is prohibited.

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