Pregnant During The Probationary Period

Just started a new job and then the result: pregnant! But you don’t have to worry about your job now! We explain which legal bases apply here.

Pregnancy during the probationary period: legal bases

• The trial period usually lasts 3 to 6 months. During this period, both the employer and the employee can terminate the contract without giving reasons within a period of two weeks. This period is therefore a shortened notice period. If no probationary period has been agreed, a notice period of 4 weeks applies.
• After a period of employment of six months (irrespective of the probationary period), the employee enjoys general protection against dismissal, which protects employees against unilateral, unfounded terminations of employment.
• In the case of pregnancy, the Maternity Protection Act applies: This states that women are protected against dismissal during pregnancy and four months after giving birth. This law also applies during the probationary period. This means that pregnant women may not be dismissed during the probationary period! The pregnancy shortens the probationary period. The Maternity Protection Act applies to all female employees, i.e. it includes trainees and also marginally employed persons.

• In principle, it is not obligatory to inform the employer immediately of pregnancy. In general, however, the employee should inform the employer about the pregnancy immediately so that the pregnant woman can benefit from maternity protection and the employer can plan accordingly. Exceptions to the obligation to notify exist if, for example, the employee occupies a key position in the company and thus certain duties of loyalty arise.
• The dismissal of a pregnant woman is invalid – even if the employer should not have knowledge of the pregnancy at that time. In this case, the employee can still inform the employer of the pregnancy within two weeks, which means that the notice of termination must be withdrawn. Even after the two weeks, the notice of termination must be withdrawn if the employee was already pregnant at the time of termination but was not aware of it herself. In this case the employer must be informed immediately.
• Very rarely, there are only exceptions. Exceptions only come into force if the company is insolvent or an extraordinary dismissal has been pronounced with reference to misconduct. But even then these dismissals must be approved by the Labour Inspectorate and the employee still has the opportunity to appeal.

Exception: Fixed-term employment contracts

However, protection against dismissal does not apply if the employer informs the employee that a fixed-term employment relationship will not be extended. Thus, despite pregnancy, the employment relationship can expire at the end of the contract in the case of fixed-term contracts.

If an extension of the employment contract is offered, the employee does not have to inform the employer about the pregnancy. If the employer wants to inquire about a pregnancy, this is illegal!

Maternity Protection Act: What else you need to know

The Maternity Protection Act protects pregnant women and new mothers during pregnancy and for four months afterwards against dismissal and also stipulates that the employee may not be employed for six weeks before and eight weeks after giving birth. In the case of premature birth or multiple births, the period increases to 12 weeks after delivery. During this period of prohibition of employment, there is an obligation to continue to pay remuneration. Protection against dismissal also applies in the event of a miscarriage after the 12th week of pregnancy.

The Maternity Protection Act also regulates a number of occupational health and safety measures that apply to pregnant women, so that there can be no danger to mother or child. Therefore, special precautions are taken, for example, by nurses, carers, etc.