🧭 Rights around pregnancy, birth and parental leave at a glance
In brief
Pregnancy, birth and a child's first years are governed by several laws that interlock in time: The Maternity Protection Act (Mutterschutzgesetz, MuSchG) protects you as a pregnant or breastfeeding woman from health hazards and from dismissal – regardless of whether you or your child later take parental leave. The Federal Parental Allowance and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz, BEEG) governs two separate things: parental allowance (Elterngeld) as an income replacement benefit and parental leave (Elternzeit) as an entitlement to time off from your employer. You can, but do not have to, use both together – for example, you can take parental leave without receiving parental allowance, or receive parental allowance and keep working part-time.
These pages are aimed primarily at employees in the private sector and in the public service. For civil servants (Beamte), maternity protection is governed by the maternity protection ordinances of the federal government or the states (Länder), and parental leave by separate civil service rules (e.g. the Bundeselternzeitverordnung), which are mostly similar in substance to the BEEG but not identical. The individual pages point out where this is relevant.
Single mothers and fathers are also entitled to special benefits such as advance maintenance payments (Unterhaltsvorschuss) or the tax relief amount for single parents, which are not covered in depth here but in the separate guide "Single mothers".
Step by step
- Notify your employer of the pregnancyTell your employer about the pregnancy and the expected due date as early as possible so that protection periods and bans on employment can apply.
- Go through maternity protectionDuring the protection periods before and after the birth, your duty to work is generally suspended; you receive maternity pay and an employer's supplement.
- Apply for parental allowanceApply for parental allowance at the responsible parental allowance office (Elterngeldstelle) of your federal state – ideally prepare it before the birth, as the application can only be finalised afterwards.
- Register parental leaveRegister the parental leave you want in text form (since 1 May 2025 an e-mail is enough) and on time with your employer, independently of the parental allowance application.
- Plan childcare and your returnArrange a daycare place in good time and clarify with your employer to what extent you want to return after parental leave.
Deadlines
- These pages describe the legal position for employees in the private sector and in the public service (collectively agreed employees). Civil servants are subject to their own rules, which are similar but not identical.
- Maternity protection and parental leave are two different legal institutions with different deadlines and eligibility requirements – do not confuse them.
- For self-employed people, students and civil servants, different rules apply in some areas (e.g. maternity pay); these are named on the individual topic pages.
In depth · legal basis, figures and practice – for advisers and professionals
Two separate laws, one shared aim
The MuSchG (Maternity Protection Act, new version 2018) protects the health of mother and child before, during and after pregnancy and secures income in the meantime. It applies to almost all working women, regardless of the scope of employment, and in certain situations also to trainees, school pupils and female students (§ 1 Abs. 2 MuSchG). The BEEG (Federal Parental Allowance and Parental Leave Act) separately governs parental allowance (§§ 1–14 BEEG) and parental leave (§§ 15–21 BEEG); both parents can claim them independently of maternity protection.
Responsibilities
The supervisory authorities of the states are responsible for maternity protection and its enforcement (named differently, e.g. Gewerbeaufsichtsamt, Landesamt für Arbeitsschutz). For maternity pay, the health insurance fund is responsible for those insured under statutory health insurance; for parental allowance, the parental allowance office of the respective federal state (in some cases located at state offices, in some cases at municipal bodies). For parental leave, your employer is the right contact.
Civil servants
For federal civil servants, the Maternity Protection Ordinance for federal civil servants (female) (MuSchEltZV) applies instead of the MuSchG; for state civil servants (female), the respective state ordinance; parental leave for federal civil servants is likewise governed by the MuSchEltZV, for state civil servants by the respective state laws. The basic principles (protection periods, entitlement to leave) are modelled on those of the MuSchG/BEEG, but there are differences in detail (e.g. regarding pay during the protection periods). Parental allowance itself is federal law regardless of status and is also available to civil servants.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.