Termination during pregnancy

When termination meets pregnancy

Pregnancy brings many changes, and dismissal during this phase understandably causes uncertainty. The Maternity Protection Act (MuSchG) provides particularly comprehensive protection for pregnant women. Here you can find out what applies legally, what you can do, and which deadlines you should not miss under any circumstances. Dismissal protection under the Maternity Protection Act

Protection against dismissal under the Maternity Protection Act

According to Section 17 (1) MuSchG, dismissal is generally prohibited during pregnancy and up to four months after childbirth.

The protection applies:

• from the first day of pregnancy
• even if the employer is not initially aware of it
• during the probationary period
• in small businesses

In short: Protection takes effect early on and regardless of the type of employment relationship or the size of the company.

Your checklist: How to respond correctly after being dismissed

If you are pregnant and receive a termination notice: stay calm, but act decisively. You should take the following steps within 24 to 48 hours.

Notify your employer of your pregnancy in writing

Inform your employer in writing (preferably in writing), state the expected delivery date, and enclose a medical certificate as soon as it is available. Use registered mail or deliver it in person against receipt.

Obtain a medical certificate

A short certificate stating the expected date of delivery is helpful as proof—for your employer, the authorities, and, if necessary, the court.

Secure your documents

File all relevant documents (digitally and on paper):

• Letter of termination (note the envelope and time of posting, if applicable)
• Notification of pregnancy to your employer
• Medical certificate
• Emails, chats, and notes from conversations

Legal action within 3 weeks

Objection to the termination (optional)

A written objection is not mandatory, but it may be useful if you want to initiate a quick withdrawal of the termination. In your objection, refer to your pregnancy, the expected date of delivery, and the special protection against dismissal under Section 17 of the Maternity Protection Act (MuSchG).

File an action for protection against dismissal (crucial)

Regardless of whether your employer knew about the pregnancy: Within 3 weeks of receiving the written termination, you must file a lawsuit with the labor court (Section 4 KSchG). If this deadline is missed, it often becomes very difficult to challenge the termination.

Tip: The legal application office of the labor court will help you draft the lawsuit—even without the need for a lawyer in the first instance.

Support: Where to get help quickly

Initial legal advice

• Pregnancy counseling centers (e.g., Caritas, Diakonie, Pro Familia): Guidance and referral
• Trade unions: Advice and, if necessary, legal protection for members
• Local equality and anti-discrimination offices: Help with conflicts and dealing with authorities
• Chamber of Employees (Bremen/Saarland): free advice

Cost assistance

• Legal aid (local court): often only a small contribution required
• Legal aid (court): can cover some or all of the costs of proceedings
• Litigation financiers such as Team Abfindung: we finance your lawsuit

Deadlines that you must adhere to

In the event of termination during pregnancy, several deadlines apply simultaneously. Do not miss any of them:

• 2 weeks: Notify your employer of your pregnancy after receiving the termination notice, if you have not already done so 3 weeks: File a dismissal protection suit with the
• 3 weeks: File an unfair dismissal claim with the labor court
• Immediately: Secure documents and arrange for advice

The three-week deadline for filing a lawsuit is particularly critical: if it is missed, even an unlawful termination is considered valid in many cases.

Financial claims: What remains?

If a termination is invalid, the employment relationship continues to exist legally. This is important for several areas:

• Maternity pay and employer subsidy: These entitlements remain in place as long as the employment relationship continues.
• Parental allowance assessment: This is usually based on the relevant income before the birth. A continuing employment relationship secures the basis for calculation.
• Health insurance coverage: Check your status and contact your health insurance company if you are unsure.

If the employer stops payments: Request the benefits in writing, inform your health insurance company, and, if necessary, have your wage claims checked at the same time.

Exceptional cases: When termination is possible despite pregnancy

This is rare. As a general rule, dismissal can only be effective if a competent authority has given its prior approval. This is only possible in particularly serious cases. Without this approval, the dismissal is generally invalid—regardless of what the employer claims.

Special features of different forms of employment

Probationary period

The probationary period is not a "free pass" for the employer. Protection against dismissal under the Maternity Protection Act also applies in full here; dismissal is generally only possible with official approval.

Fixed-term contracts

Protection against dismissal does not automatically prevent the agreed end of a fixed-term contract. The contract can therefore expire as normal, even if you are pregnant. However, the fixed term itself must not be discriminatory.

Mini-jobs, part-time work, temporary work, training, and internships

Protection against dismissal under the MuSchG also applies in principle to these forms of employment. Depending on the situation, the only important factor is who is legally considered the employer, for example, in the case of temporary work, the temporary employment agency.