I'm pregnant: when should I tell my employer, and can I be fired?
There is no legal deadline for telling your employer, but telling them early activates your protections. From the start of pregnancy until four months after the birth, you generally cannot be dismissed.
When to tell them: There is no legal deadline. The Maternity Protection Act (Mutterschutzgesetz) recommends that you inform your employer of your pregnancy and expected due date as soon as you know. Workplace protections (for example against heavy work, night work or hazardous substances) can only apply once your employer knows. Your employer may ask for a certificate from your doctor or midwife.
In a job interview: An employer may not ask whether you are pregnant. If they do, you do not have to answer truthfully.
Protection against dismissal (Kündigungsschutz): From the start of pregnancy until four months after the birth, your employer generally cannot dismiss you. This also applies during the probation period (Probezeit). After a miscarriage from the 13th week onwards, you are also protected for four months. Only in very exceptional cases can an employer dismiss you, and only with prior approval from the state authority.
If you were dismissed before your employer knew: Tell your employer you are pregnant within two weeks of receiving the dismissal letter. If you did not know about the pregnancy yourself at that time, tell them as soon as you find out. You also need to file a claim at the labour court (Arbeitsgericht) within three weeks; do not miss this deadline.
Maternity leave: The protection period (Schutzfrist) covers the 6 weeks before the birth and the 8 weeks after (12 weeks for premature or multiple births). You are not allowed to work in the 8 weeks after the birth.
Where to get help: In Berlin, the occupational safety authority (LAGetSi) advises on maternity protection. For legal help you can turn to a trade union or an employment lawyer.
Where you can get help
- BMBFSFJ: Mutterschutz und Mutterschaftsleistungen
Official information on maternity leave (Mutterschutz), protection against dismissal and maternity pay.
This information is based on community experience and is not legal advice. Rules can change; check important things with the responsible office.
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