Applying for an exemption from the ban on overtime and night work for a pregnant or breastfeeding person

As an employer, do you employ a pregnant or breastfeeding woman? Then, under certain conditions, you can apply for an exemption from the ban on night work and overtime as well as the type and pace of work.

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.

Accordingly, special rules apply to pregnant and breastfeeding women when it comes to physically or mentally demanding work.

As an employer, you are not permitted to employ pregnant or breastfeeding women in the following activities:

• Night work
• overtime
• continuous flow work
• piecework
• other work in which higher pay can be achieved in return for a higher work rate

You can apply for an exemption from the authority responsible for occupational health and safety.

Night work is when work is carried out between 10 pm and 6 am.

A pregnant or breastfeeding woman aged 18 or over is considered to be working overtime if her work meets one of the following criteria:

• over 8.5 hours a day
• over 90 hours in a double week (including Sundays)
• the contractually agreed weekly working hours exceed the monthly average

A pregnant or breastfeeding woman under the age of 18 is considered to be working overtime if her work meets one of the following criteria:

• over 8 hours a day
• over 80 hours in a double week (including Sundays)
• the contractually agreed weekly working hours exceed the monthly average

If there are other employers in addition to you, the working hours must be added together.

Authorization of overtime, night work, continuous or piecework does not replace the basic requirement to notify the supervisory authority that an employee is pregnant. This notification must be made as soon as the employer has been informed of the pregnancy.

Please contact the responsible regional council.

• As the applicant, you are the employer.
• The pregnant or breastfeeding woman expressly declares her willingness to do so.
• The medical certificate does not speak against the planned
  • night work,
  • overtime,
  • piecework or
  • continuous work.
• An irresponsible risk to the pregnant woman due to working alone, the type of work and the pace of work is excluded.
• There is no irresponsible risk to the child from working alone, the type of work and the pace of work.

Appeal to the administrative court. Information on how to lodge a complaint can be found in the notification of your application for approval.

The processing time depends on the time required for the examination and the timely submission of the complete documents.

Fees are charged for the decision on your application - regardless of whether it is approved or rejected.

The amount of these fees is determined by the list of administrative costs for the administrative cost regulations of the Hessian Ministry for Social Affairs and Integration.

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.