Apply for an exemption from the ban on overtime and night work for a pregnant or breastfeeding person

Do you employ a pregnant or breastfeeding woman? Then, under certain conditions, you can apply for an exemption from the ban on night work and overtime, as well as the nature of the work and the work pace.   

The Maternity Protection Act applies to all pregnant and breastfeeding women who are in an employment relationship. A woman within the meaning of the Maternity Protection Act is any person who is pregnant, has given birth to a child, or is breastfeeding – regardless of the gender stated in the birth register.

Accordingly, special rules apply to pregnant and breastfeeding women when it comes to physically or mentally demanding work.

As an entrepreneur, you are prohibited from employing pregnant or breastfeeding women in the following activities:

• Night shift
• Overtime
• Assembly line work
• piecework
• other work where higher pay can be earned by working at a faster pace

You can apply for an exception from the authority responsible for occupational health and safety.

Night work refers to work performed between 10 p.m. and 6 a.m.

For a pregnant or breastfeeding woman aged 18 or older, work is considered overtime if it meets any of the following criteria:

• more than 8.5 hours a day
• over 90 hours in the two-week period (including Sundays)
• exceeding the contractual weekly working hours on a monthly average

For a pregnant or breastfeeding woman under 18 years of age, work is considered overtime if it meets any of the following criteria: 

• more than 8 hours a day
• over 80 hours in the two-week period (including Sundays)
• exceeding the contractual weekly working hours on a monthly average

If there are other employers besides you, the working hours are to be added together.

Approval for overtime, night work, assembly-line work, or piecework does not replace the fundamentally necessary notification to the regulatory authority that a female employee is pregnant. This notification must be made as soon as the employer is informed of the pregnancy.

You must submit the application before the pregnant or breastfeeding woman takes up employment.

There are fees for processing your application, regardless of whether it is approved or denied.

The amount of these fees depends on the schedule of administrative costs for the administrative cost regulations of the Hessian Ministry of Social Affairs and Integration.

Action before the administrative court. Information on how to file an action can be found in the notice regarding your application for approval.