Wegweiser Pregnancy & Parental Leave Deutsch

🛡️ Protection against dismissal during pregnancy and maternity protection

From the start of pregnancy until four months after the birth, special protection against dismissal applies – with narrow exceptions.

In brief

During pregnancy and until the end of four months after delivery you generally cannot be dismissed. This special protection against dismissal applies regardless of the size of the business and your length of service – unlike general protection against dismissal under the Kündigungsschutzgesetz (Protection Against Dismissal Act). The requirement is that the employer knew of the pregnancy at the time of the dismissal or is notified of it within two weeks of receiving the dismissal.

Step by step

  1. React immediately to a dismissalIf you receive a termination notice (Kündigung) despite being pregnant, tell the employer about the pregnancy without delay if they did not yet know – the two-week period is decisive.
  2. Consider a dismissal protection claimAs a precaution, file a dismissal protection claim (Action against dismissal) with the labour court within three weeks of receiving the termination notice, even if you rely on maternity protection.
  3. Have the authority's approval checkedAsk whether the state supervisory authority approved an exceptional dismissal in advance – without this approval, a dismissal during the protection period is invalid.
  4. Get adviceIf you are unsure, contact a pregnancy counselling centre, the works council/staff council, a trade union or an employment law lawyer immediately.

Deadlines

4 months
Protection against dismissal after delivery, counted from the actual date of birth§ 17 Abs. 1 Nr. 2 MuSchG
2 weeks
Deadline for subsequently notifying the pregnancy after receiving a termination notice so that the protection applies retroactively§ 17 Abs. 1 Satz 1 MuSchG
3 weeks
General deadline for filing a dismissal protection claim with the labour court from receipt of the termination notice§ 4 KSchG
Watch out – common mistakes
  • Protection against dismissal protects against dismissal by the employer – it does not prevent you from resigning yourself or signing a termination agreement (Aufhebungsvertrag) (think carefully, as this does not automatically affect entitlements such as parental allowance, but may become relevant e.g. for unemployment benefit (Arbeitslosengeld I)).
  • In very narrow exceptional cases (e.g. closure of the business) the responsible state authority can exceptionally approve a dismissal in advance – this is the exception, not the rule, and without this official approval a dismissal during the protection period is invalid.
  • Regardless of when the 8- or 12-week maternity protection period ends, the special protection against dismissal ends only after a full four months after the birth – these two periods are not identical and should not be confused.
In depth · legal basis, figures and practice – for advisers and professionals

Scope of § 17 MuSchG

§ 17 Abs. 1 MuSchG prohibits dismissal during pregnancy and until the end of four months after delivery if the employer knew of the pregnancy or delivery at the time of the dismissal or is notified within two weeks of receiving the dismissal; exceeding this period is harmless if it was not the woman's fault and the notification is made without delay. The protection applies regardless of the size of the business, waiting period or fixed-term nature of the employment relationship (unless it ends regularly by expiry of the term anyway – maternity protection does not automatically extend fixed-term contracts).

Requirement of approval

Under § 17 Abs. 2 MuSchG, a dismissal can exceptionally be declared permissible in special cases (such as complete closure of the business or serious breaches); this requires prior approval by the supervisory authority responsible under state law, which hears the woman before its decision. Without this approval, a dismissal that has been issued is void under § 134 BGB.

Relationship to general protection against dismissal

The special protection against dismissal under the MuSchG applies alongside the general protection against dismissal under the KSchG. Since the three-week period for filing a claim under § 4 KSchG runs regardless of the maternity protection ground, it is always advisable as a precaution to file a dismissal protection claim on time, even if the invalidity actually already follows from § 17 MuSchG.

Who is responsible
  • Labour court (dismissal protection claim)
  • State supervisory authority (approval in exceptional cases)

Quick questions

Worum geht es bei „Protection against dismissal during pregnancy and maternity protection“?
From the start of pregnancy until four months after the birth, special protection against dismissal applies – with narrow exceptions.
Which deadlines and figures matter?
  • 4 months: Protection against dismissal after delivery, counted from the actual date of birth (§ 17 Abs. 1 Nr. 2 MuSchG)
  • 2 weeks: Deadline for subsequently notifying the pregnancy after receiving a termination notice so that the protection applies retroactively (§ 17 Abs. 1 Satz 1 MuSchG)
  • 3 weeks: General deadline for filing a dismissal protection claim with the labour court from receipt of the termination notice (§ 4 KSchG)
What should I do first?
  • React immediately to a dismissal: If you receive a termination notice (Kündigung) despite being pregnant, tell the employer about the pregnancy without delay if they did not yet know – the two-week period is decisive.
  • Consider a dismissal protection claim: As a precaution, file a dismissal protection claim (Action against dismissal) with the labour court within three weeks of receiving the termination notice, even if you rely on maternity protection.
  • Have the authority's approval checked: Ask whether the state supervisory authority approved an exceptional dismissal in advance – without this approval, a dismissal during the protection period is invalid.
What do I need to watch out for?
  • Protection against dismissal protects against dismissal by the employer – it does not prevent you from resigning yourself or signing a termination agreement (Aufhebungsvertrag) (think carefully, as this does not automatically affect entitlements such as parental allowance, but may become relevant e.g. for unemployment benefit (Arbeitslosengeld I)).
  • In very narrow exceptional cases (e.g. closure of the business) the responsible state authority can exceptionally approve a dismissal in advance – this is the exception, not the rule, and without this official approval a dismissal during the protection period is invalid.
  • Regardless of when the 8- or 12-week maternity protection period ends, the special protection against dismissal ends only after a full four months after the birth – these two periods are not identical and should not be confused.
Evidence
  • § 17 MuSchG (gesetze-im-internet.de)
  • § 4 KSchG (gesetze-im-internet.de)
As of

As of September 2026. · Sources and method

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