What are my rights during pregnancy in the workplace?
September 3, 2022 | 40,00 EUR | answered by Alexander Lenzner
Dear Employment Lawyer,
My name is Mia Bergmann and I have been working as a project manager in a medium-sized company for the past two years. I recently found out that I am pregnant and am now concerned about how my pregnancy will affect my job. I have heard that there are specific rights for pregnant women in employment law, but I am unsure of what exactly they are and how I can enforce them.
Currently, I work in a team with fixed working hours and project schedules that often keep me working late into the evening. I am worried that during my pregnancy, I will no longer be able to work these overtime hours or attend regular team meetings. I want to continue doing my job well, but I am concerned that my pregnancy may affect my performance.
Therefore, I would like to know from you what rights I have as a pregnant woman in the workplace. Are there any legal provisions that protect me from overtime or allow me to have flexible working hours? Can my employer terminate me or transfer me to other areas because of my pregnancy? How can I ensure that my rights as a pregnant woman are respected and that I am treated fairly during this time?
I appreciate your help and support in this matter.
Sincerely,
Mia Bergmann
Dear Mrs. Bergmann,
Thank you for your message and your trust in my expertise as a labor law attorney. I understand your concerns regarding your pregnancy and the impact it may have on your job as a project manager in a medium-sized company. It is completely understandable that you want to inform yourself about your rights as a pregnant woman in the workplace and ensure that they are upheld.
As a pregnant woman, you do have specific rights in labor law that are designed to protect you from discrimination. These rights are enshrined in the Maternity Protection Act and apply both during pregnancy and after childbirth. Among the most important rights are protection from termination during pregnancy and until the end of maternity leave, as well as protection from maternity bans (e.g. overtime or hazardous work).
Additionally, pregnant women are entitled to maternity pay, which is usually paid by the employer. If you are no longer able to work overtime or attend regular team meetings due to your pregnancy, you have the right to have your working conditions adjusted. Your employer is obligated to offer you flexible working hours and ensure that you can perform your work under safe and healthy conditions.
Your employer is not allowed to terminate you because of your pregnancy or transfer you to other areas that could be harmful to your health or that of your unborn child. If conflicts or problems arise, I recommend that you have a conversation with your employer and, if necessary, take legal action to enforce your rights.
I hope that this information is helpful to you in this situation. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Alexander Lenzner
