Termination During Pregnancy in Germany: Employee Rights

In Germany, pregnant employees benefit from one of the strongest employment protections in Europe. Termination during pregnancy is almost always prohibited, regardless of the size of the company or the employee’s nationality. The legal framework ensures that expectant mothers cannot be dismissed simply because they are pregnant, on maternity leave, or planning to take parental leave. This protection is especially important for expats unfamiliar with German labor law or unsure how to respond if they receive a termination notice during pregnancy. This article explains the legal protections against termination during pregnancy in Germany, how to assert your rights, and what to do if you’re affected.

1. Is Termination During Pregnancy Allowed in Germany?

No—termination during pregnancy is generally prohibited under German law.

This protection applies:

• From the beginning of the pregnancy
• Until 4 months after childbirth
• Even if the employer is unaware of the pregnancy at the time of dismissal (if notified afterward)

The legal foundation for this protection is the Maternity Protection Act (Mutterschutzgesetz).

2. Who Is Protected?

The protection applies to all pregnant employees, including:

• Full-time and part-time workers
• Mini-jobbers and trainees
• Employees on fixed-term contracts
• Expats and foreign workers with residence permits
• Blue Card holders
• Employees during probation period (yes, even then)

📌 Your contract type, company size, or nationality does not matter—the protection is universal.

3. What if the Employer Doesn’t Know About the Pregnancy?

If you receive a dismissal notice but are already pregnant, the protection still applies—but only if the employer is notified within two weeks after receiving the notice.

You can:

• Inform your employer directly
• Provide a doctor’s note or pregnancy certificate
• Notify in writing or verbally (written confirmation recommended)

📌 If the employer is notified within 2 weeks, the dismissal becomes invalid retroactively.

4. Exceptions: When Is Dismissal During Pregnancy Allowed?

There is only one exception to the dismissal ban: the employer must apply for prior approval from the relevant state authority (Aufsichtsbehörde), and approval is granted only in rare, exceptional cases, such as:

• Business closure with no chance of reassignment
• Severe misconduct unrelated to the pregnancy
• Court-ordered termination due to legal violations

Even then, the bar for approval is very high, and most requests are denied.

5. What to Do if You Receive a Dismissal While Pregnant

Step 1: Don’t Panic

A dismissal during pregnancy is most likely invalid under German law.

Step 2: Check the Timing

Were you pregnant at the time of the dismissal notice?

• Yes → You are protected
• No → Protection begins only with pregnancy

📌 If you become pregnant after receiving the notice, the dismissal stands.

Step 3: Notify Your Employer

• Submit written confirmation of your pregnancy within 2 weeks
• Include a certificate from your doctor (Schwangerschaftsbescheinigung)
• Keep a copy and delivery confirmation (email, post, or in person)

Step 4: Consult a Lawyer

Even if the employer insists on the dismissal, legal action can be taken. Many cases are resolved in favor of the employee.

6. Can You Be Dismissed During Probation or Fixed-Term Employment?

Even during a probation period, dismissal due to pregnancy is not allowed. The protection overrides the general rule that no justification is needed during probation.

However:

• A fixed-term contract may still expire at the agreed end date, even during pregnancy
• The employer is not obligated to renew a temporary contract unless discrimination can be proven

7. What About Termination During Parental Leave?

German law also protects employees during parental leave. Termination is only possible with official approval and extraordinary justification.

📌 The same protections apply during maternity leave, which typically begins 6 weeks before and ends 8 weeks after childbirth (extended to 12 weeks in some cases).

8. What Happens to Your Residence Permit?

If you are a non-EU citizen, job loss may affect your residence permit if it is tied to your employment.

However:

• If the dismissal is invalid, your employment is considered ongoing
• You may have time to seek alternative employment
• You may be eligible for unemployment benefits (Arbeitslosengeld I) if you’ve contributed to the system

📌 Always consult with the immigration office (Ausländerbehörde) and a legal advisor to clarify your residence status.

9. Can You Still Receive Severance?

If your employer offers a mutual termination agreement, be extremely cautious. Signing may:

• Waive your legal protection
• Disqualify you from unemployment benefits (12-week Sperrzeit)
• Impact your residence status

Never sign anything without legal advice.

10. Key Takeaways for Expats and Foreign Employees

• Termination during pregnancy is illegal without government approval
• You are protected from the moment your pregnancy begins
• You must notify your employer within 2 weeks of the dismissal
• Dismissals during probation, parental leave, or maternity leave are also prohibited
• Consult a labor lawyer and notify your immigration authority if needed

Conclusion

German labor law offers strong protection against termination during pregnancy, reflecting the country’s commitment to family and worker rights. As an expat or international employee, you are equally entitled to this protection—regardless of your visa status, employment contract, or company type.

If you are dismissed while pregnant, act quickly: assert your rights, provide documentation, and seek legal guidance. In most cases, the dismissal will not stand—and you will retain your job, income, and social security rights.