Last checked against the official sources: 29 August 2026
The Maternity Protection Act does not “grant you leave” — it forbids your employer to employ you. The difference matters: the prohibition is addressed to him, not to you, and you need nobody’s permission. Six weeks before the birth and eight after, extending to twelve in three cases — and a premature birth costs you not a single day.
The periods as the statute sets them
- Before the birth
- Six weeks — and your employer may employ you in them only if you expressly declare your willingness.
- The right to withdraw
- You may revoke that declaration at any time, with effect for the future.
- After the birth
- Eight weeks — with no exception and no waiver.
- Extended to twelve weeks
- On a premature birth · a multiple birth · or a disability medically determined in the child within eight weeks (on your application).
- A premature birth
- Whatever the earlier period lost is added to the later one — no day is lost.
- The basis of calculation
- The expected date in the medical or midwife’s certificate.
Why the wording “the employer may not” changes your position
Read the opening sentence of Section 3 as it stands: “The employer may not employ a pregnant woman in the last six weeks before the delivery.” The text does not say “the woman has a right to leave” — it imposes a prohibition on the employer.
That difference has a direct practical effect: you are not in the position of someone asking permission. There is no employer “approval” or “refusal” for anything to rest on, because he is the one the prohibition addresses.
Then comes the single exception before the birth: he may employ you insofar as you have expressly declared your willingness to work. And even here the statute protects you with the next sentence: “She may revoke the declaration at any time with effect for the future.” Your consent is not a paper signed once that binds you for six weeks — it is a decision you can reverse on any day, without reason or condition.
After the birth the text closes the door completely: “The employer may not employ a woman until eight weeks after the delivery have elapsed” — with no willingness exception and no possibility of waiver. Those eight weeks are not negotiable even if you want to return.
The three cases that extend the period to twelve weeks
The statute provides that the period after the birth extends to twelve weeks in three defined cases:
- Premature births.
- Multiple births — twins or more.
- A disability medically determined in the child — provided the determination falls before eight weeks have elapsed since the birth, within the meaning of Section 2 of Book IX.
There is a procedural difference between them worth noting: the first two operate by force of law, while in the third the period extends only if you apply for it. The text is explicit: “the period after the delivery extends under sentence 2 number 3 only if the woman applies for it.” Do not wait for it to be applied automatically.
One case falls outside all of this: the extension to twelve weeks does not apply in the case of a stillbirth.
A premature birth: the rule that stops your days disappearing
This is the cleverest and fairest provision in the section, and many women never hear of it.
The protection period before the birth is calculated from the expected date. If you do not deliver on that day, the period shortens or lengthens accordingly. So a birth two weeks early eats two weeks of the earlier protection.
But the statute gives them back in full: “On a premature delivery, the period after the delivery is extended by the amount by which the period before the delivery was shortened.” The two lost weeks return to you after the birth — the total protection is preserved, not reduced.
This applies on top of the extension to twelve weeks where that is in play, because the text refers to “sentence 1 or sentence 2″ — the compensation is calculated on whichever period applies in your case.
Which is why the expected-date certificate is a legal and financial document, not merely a medical one: it is the basis for calculating both periods, and it is what proves how many weeks are owed back to you. Keep it.
What to do in practice
- Get the expected-date certificate and keep a copyIt is the basis for calculating both periods, and the proof of how many weeks come back to you if the birth is early.
- Do not ask “permission” to stop before the birthThe prohibition is addressed to the employer. Stopping is the rule; working is the exception, and it needs an express declaration from you.
- If you declare willingness to work, know you can go back on itThe declaration is revocable at any time with effect for the future — the text requires neither a reason nor anyone’s agreement.
- Do not negotiate a return before the eight weeks are upThe period after the birth admits neither the willingness exception nor a waiver; it is an absolute prohibition on employment.
- If a disability is determined in your child, apply expresslyIn that case the extension to twelve weeks does not happen automatically but on your application, and only where the determination falls within eight weeks.
- Check the extension if your birth was early or multipleBoth extend the period to twelve weeks by force of law, and the compensation days for the earlier period are added on top.
⚠️ The eight weeks after the birth cannot be waived: the “declaration of willingness to work” exception belongs to the period before the birth only. Afterwards the text is an absolute prohibition on employment — so any agreement to return early within those eight weeks is contrary to law.
Official sources
Section 3 MuSchG — the protection periods · Section 4 BEEG — the months
Please note: this page is general guidance, not legal advice. Every decision follows an individual assessment of your case, and the amounts are set by regulations that change annually — read your own decision letter and consult a social advice centre or a lawyer specialising in social law before acting.
Frequently asked questions
How long is maternity protection in Germany?
Six weeks before the birth and eight after, the latter extending to twelve on a premature or multiple birth, or where a disability is determined in the child within eight weeks.
Can I work during the six weeks before the birth?
Yes, if you expressly declare your willingness to work; the prohibition on the employer falls away on that declaration alone. You may revoke it at any time with effect for the future.
Can I return before the eight weeks after the birth are over?
No. There is no willingness exception and no waiver in the period after the birth; it is an absolute prohibition on employment.
I gave birth before the expected date — do I lose protection weeks?
No. Whatever the period before the birth lost is added to the period after it, so the total protection is preserved.
When does the period become twelve weeks?
On premature births, multiple births, and where a disability is medically determined in the child before eight weeks have elapsed since the birth.
Is the extension for the child’s disability automatic?
No. The statute provides that in this case the period extends only if the woman applies for it, unlike premature and multiple births.
What is the period before the birth calculated from?
From the expected date as it appears in the medical or midwife’s certificate, and it shortens or lengthens if the birth does not fall on that day.