Employment ban during pregnancy: what employers need to know and how to act correctly

Published: April 16, 2026
Last updated: 21. October 2026

An employee is pregnant and presents a medical certificate issuing an employment ban. What now? Many HR teams are uncertain in this moment. What are the obligations? What may you ask? And how does it work with pay?

This article gives clear answers.

The key points at a glance

An employment ban can be issued individually by a doctor or can arise from the Maternity Protection Act
Employers may neither continue the activity nor put pressure on the person
Pay continues: employers pay maternity protection pay and are reimbursed for it via the health insurer (U2 procedure)
An early risk assessment protects everyone involved
An employment ban is no grounds for dismissal

What is an employment ban?

An employment ban means that a pregnant person may not work, or only to a limited extent. There are three types:

The general employment ban (Maternity Protection Act):
The Maternity Protection Act stipulates that pregnant women may no longer be employed six weeks before the expected due date, unless they expressly request to keep working. After the birth, an employment ban of eight weeks applies, or twelve weeks for premature or multiple births.

The operational employment ban:
Takes effect when the employer cannot rule out a risk at the workplace either by redesigning it or by a change of workplace. It applies only to the extent actually necessary to avoid the risk.

The medical employment ban:
A doctor determines that the health of the pregnant woman or her unborn child would be endangered by continued employment. This ban can be issued at any time during the pregnancy and is directed at the employer.

What obligations do employers have?

Work must stop immediately

As soon as an individual employment ban is in place, the person may no longer be deployed in this activity. This applies from the moment the certificate is presented. Employers may not let the work continue, not even with the employee's consent.

Check whether another activity is possible

Before the employment ban, the employer must check whether a redesign of the workplace or another activity is possible that poses no risk. Only when that isn't possible does the full employment ban take effect.

Pay continues

This is an important point: those with an employment ban lose no pay. Employers continue to pay the so-called maternity protection pay (Mutterschutzlohn). This corresponds to the average earnings of the last 13 weeks before the start of the pregnancy. The costs are reimbursed by the health insurer via the so-called U2 procedure.

No dismissal

During pregnancy and up to four months after the birth, special protection against dismissal applies. An employment ban is no grounds for dismissal. A dismissal during pregnancy and the protection period is invalid and can be punished as an administrative offence with a fine.

What is the risk assessment and why is it so important?

The Maternity Protection Act obliges employers to carry out a risk assessment for every workplace, taking pregnancy and breastfeeding into account. Those who prepare this assessment early are ready as soon as an employee reports her pregnancy. If it's missing, it must be made up immediately. The trade supervisory office can check this.

If the assessment shows that protective measures are needed, the employer must proceed in this order: first redesign the workplace, then offer another activity, and only if both are impossible does the full employment ban take effect.

Common questions about the employment ban

May I ask what the medical condition is?

→ No. Employers have no right to the diagnosis. The certificate is enough.

What applies if the employee wants to keep working anyway?

→ For the individual employment ban: it applies. The employee cannot lift it. For the statutory employment ban before the birth, however, she can expressly declare that she wants to keep working.

What happens to holiday during the employment ban?

→ Holiday doesn't expire. It remains and can be taken after parental leave or at another time.

How long can an individual employment ban last?

→ As long as the doctor considers it necessary. It can cover the entire pregnancy.

How to be well prepared as a company

Keep risk assessments for all workplaces ready and up to date
HR team and managers know the U2 procedure
A contact person in the company is clearly named for pregnant employees
The process is documented: from the pregnancy report to the handover in the event of an employment ban

This is exactly where heyGuide helps: the digital assistant reminds HR and Managers automatically of all relevant steps as soon as a pregnancy is reported, including the risk assessment and the documentation.

Conclusion

An employment ban is unfamiliar territory for many employers. But it's manageable. Those who know the legal basics, have the risk assessment ready and understand the U2 procedure can react professionally and calmly.

Those who, beyond that, have built a company culture in which pregnancy and parental leave are communicated openly will rarely be caught unprepared. heyGuide helps companies build exactly these structures: from the first pregnancy report through the risk assessment to the structured handover and also one year after the return. Feel free to arrange a free initial consultation.

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