Apply for permission to employ a pregnant or breastfeeding woman between 8 p.m. and 10 p.m.
If you wish to employ a pregnant or breastfeeding woman between 8 p.m. and 10 p.m., you must apply for a permit.
Description
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 or is breastfeeding - regardless of the gender stated in the birth registration.
Pregnant or breastfeeding women are not permitted to work between 8 p.m. and 6 a.m. or on Sundays and public holidays.
If you as an employer wish to employ a pregnant or breastfeeding woman between 8 p.m. and 10 p.m., you must submit an application for approval to your local health and safety authority.
Your application is approved if you have not received a rejection after 6 weeks.
The competent authority may refuse or temporarily prohibit you from employing the pregnant or breastfeeding woman during this period. The aim is to protect the health of the woman and her child.
As long as the supervisory authority does not refuse or provisionally prohibit employment, you may employ the woman between 8 p.m. and 10 p.m. from the time the application is submitted, provided you meet the requirements and have submitted the application documents in full.
Your application for permission to work between 8 p.m. and 10 p.m. does not replace your general notification to the health and safety authority regarding the employment of a pregnant or breastfeeding woman.
Contact point
Please contact the responsible regional council.
Prerequisites
- As the applicant, you must be an employer.
- The pregnant or breastfeeding woman has expressly agreed to work in the evening.
- The medical certificate does not speak against working until 10 pm.
- There is no risk to the woman or the child from working alone.
- The working conditions do not permit any other hazards.
Basis for legal action
Deadlines
You must submit an application for approval before you employ the pregnant or breastfeeding woman between 8 p.m. and 10 p.m.
Approval fiction: 6 weeks (Your application is considered approved if you have not received a rejection within 6 weeks of submitting the complete application.)
Notes (specifics)
The Maternity Protection Act does not apply to
- self-employed persons
- board members and managing directors of legal entities or companies, unless they are also predominantly employed
- housewives
The reason for this is that they are not in an employment relationship.
Further Information
- "Guide to maternity protection" brochure on the website of the Federal Ministry of Education, Family Affairs, Senior Citizens, Women and Youth (BMBFSFJ)
- Brochure "Employers' guide to maternity protection" on the website of the Federal Ministry of Education, Family Affairs, Senior Citizens, Women and Youth (BMBFSFJ)
Area of validity
Hesse
Official approval
Officially approved by Hessian Ministry of Labor, Integration, Youth and Social Affairs on 17.03.2026
Keywords
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