- 1 Are employment prohibitions provided by the Maternity Protection Act?
- 2 When will an individual employment prohibition issued?
- 3 Who is speaking from an individual employment prohibition?
- 4 Gets pregnant even if the prohibition of employment nor its content?
- 5 What is more advantageous: sick leave or prohibition of employment?
- 6 Example of an individual employment prohibition
Are employment prohibitions provided by the Maternity Protection Act?
Has a Working her employer of her pregnancy informed, so this must be connected to the Maternity Protection Act (MuSchG) hold, and take special consideration for exercise. To achieve this, a number of protective provisions are enshrined in this law - including jobs bans.
General employment prohibitions are specifically listed in the Maternity Protection Act and named. In addition to these general employment prohibitions there are still further protection for expectant mothers - the individual employment prohibition in individual cases under section third
After the prohibition of employment pregnant may Workers are not busy at work, if this life or health of the mother or child is at risk. this would require a medical certificate - a certificate from a midwife is not enough. By individual employment prohibition is to ensure that an expectant mother to stop working immediately when even the slightest risk for them or the child occurs. Pregnant should not take account of the financial loss due to the lower sickness benefit themselves or their baby at risk by continuing to carry out their activities.
When will an individual employment prohibition issued?Thinkstock, vadimguzhva
Reasons for an individual employment prohibition can be: a risk pregnancy, Risk of premature birth, a Multiple birth, a cervix weakness, particularly back pain or other health problems, which go back to the pregnancy. The boundaries between pregnancy-related symptoms and disease are often blurred. Therefore, the physician must decide whether it is a disease or symptoms that are caused by the pregnancy. He must also consider whether complications are to be feared in the worker who enjoin an individual employment prohibition. Important: For this in the expectant mother not necessarily a disease must be present.
to threaten the pregnant woman to endanger activities (MuSchG) anyway forbidden her to the Maternity Protection Act, it is meaningless to speak an individual employment prohibition. Should it, for example, constantly lift heavy loads, instead of the transfer to the doctor of advisable for Labor Inspectorate. Because that is responsible for compliance with maternity provision.
A general prohibition of employment for computer work there for pregnant women not, but - after a thorough examination of the case by the company doctor - no more than a temporary individual employment prohibition. This can be as pronounced if it is not possible on that work to insert the necessary breaks or sometimes engaging in any other activities to relax. The doctor of the expectant mother must decide together with the company doctor if symptoms are occurring gestational and whether a partial or complete ban on employment for incoming complications is warranted.
Even after the birth of an individual employment ban may be issued. This happens, for example, if after Maternity protection period eight weeks there is still a reduced performance in the young mother, who is due to the birth. Most up to the sixth month after birth, the doctor can then make use of the employment ban. Also in this case the woman must submit, which shows how their performance is limited, which activities are permitted and how long to apply this prohibition of employment a medical certificate.
Who is speaking from an individual employment prohibition?
An individual employment ban may be issued by each practitioner. For this purpose a certificate is necessary that formulated the doctor's own words. It should be as precise and intelligible noted whether the prohibition of employment prohibits any activity or whether the woman can take lighter work or work less hours a day. In these cases, the employer could give it a different, less hazardous workplace. The certificate should also provide information on the extent to which a further employment presents a risk to mother and child. Basically it is possible, a total (any activity is prohibited) or a partial to attest (only certain activities or times) prohibition of employment. Examples of a partial prohibition of employment are the limitation of working on a certain number of hours per day or week or limitation of responsibilities in the job.
Warning: Not always the health insurance companies cover the cost of the certificate - best ask before. If necessary, the pregnant woman has to pay for it out of pocket, the doctor issues you an individual employment prohibition.
The employer must adhere to this prohibition of employment. However, it may require a follow-up, if he has reasonable doubt as to the medical certificate. Which doctor carries out this investigation, however, determined the pregnant woman. It may, for example, refuse to examination by the company doctor. The cost of follow-up by the employer.
Gets pregnant even if the prohibition of employment nor its content?
During a general or individual employment prohibition before and during the protection period or after confinement, the employee must not fear financial losses: they receive from their employers at least their previous salary equal to the average earnings of the last 13 weeks or the last three months in which the woman has worked dutiable. Incidentally, even if the employer of the mother assigns a different (reasonable) work because of a prohibition of employment, he may not reduce her salary.
What is more advantageous: sick leave or prohibition of employment?Thinkstock - elemi
That can not be answered so arbitrarily. When a disease is gestational such as the flu, is merely a normal sick leave or a certificate justified. If the expectant mother but after six weeks is still not healthy and able to work, they only receive sick pay - and that is lower than the normal level. In this case it would be advisable to ask the doctor to issue a prohibition of employment.
For a pregnant woman who is registered as unemployed at the occurrence of health problems, but would be better medical leaves. If an employment ban pronounced is the employment office immediately the payment of unemployment benefits. Because that gives it only if they can be given basically as job seekers. In this case, the mother has to expect during her pregnancy with financial losses. With a ban on employment is not is not true. Here the sick leave is then financially beneficial.
Example of an individual employment prohibition
You are pregnant and working as a saleswoman in a perfumery. Sure, in the beginning it might still the hormones that make you for severe nausea. Over time, however, shows that you simply can not tolerate the smell of perfume. If the doctor thinks that the persistent nausea endanger your pregnancy, he may issue an individual employment prohibition.