Pregnant on the job

The well-being of mother and child is paramount

Overtime is taboo for expectant mothers. The weekly working time may not exceed 40 hours under any circumstances.

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As soon as employees inform their superiors of their pregnancy, strict protective regulations must be observed. A lawyer explains when time and performance pressure are prohibited, how long rest breaks are allowed and what rights freelance employees have.

Whether a pregnancy is pleasant depends to a large extent on psychosocial factors. If an expectant mother and her unborn child are permanently exposed to high mental and physical strain and the associated stress, the risk of premature birth or premature labor increases. Chronic stress can also have a negative impact on the baby's cognitive, emotional and social development and increase the likelihood of later mental illnesses such as anxiety disorders or depression.

According to the Maternity Protection Act, employers are therefore obliged to pay attention to the well-being of pregnant employees. For example, there is an absolute ban on working eight weeks before giving birth, even if employees do not wish to do so themselves. If, according to a medical specialist, the health or life of the mother and/or child is endangered by continued employment due to a medical indication, employers must also grant "early maternity protection".

Regular check-ups are important.

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No time and performance pressure
However, from the very beginning of a pregnancy, there are a whole host of regulations to be observed in the workplace, says Brigitte Ohr-Kapral, lawyer and social law expert at the Burgenland Chamber of Labor: "Work in heat, cold, wet conditions, at risk of accidents and infection and with hazardous substances such as radiation and fumes must be avoided. Work involving high levels of noise and dust pollution is also not permitted. Time pressure and pressure to perform are generally prohibited from the 21st week of pregnancy!"

In addition, expectant and breastfeeding mothers are not allowed to work at night between 8 p.m. and 6 a.m., unless there are exceptions such as in the care sector, transport, catering or shift work. However, even in these areas, work must end by 10 p.m. at the latest. Sundays and public holidays must always be kept free of work.

Employers must provide opportunities for rest and retreat.

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Pregnant women determine their own rest times
"Heavy lifting and carrying is also prohibited. From the sixth month of pregnancy, expectant mothers are also only allowed to work standing up for a maximum of four hours. For the rest of the time, employers must assign employees to work in a sitting position," says Ohr-Kapral. Companies are also obliged to provide pregnant women with a suitable bed or couch. How often and for how long the employee rests is at her discretion. The rest period is considered regular working time and must be paid as such.

When leave of absence is granted
If the women concerned can no longer carry out their work because certain activities are prohibited for pregnant women, the employer must provide an alternative workplace. In the mobile care sector, for example, this is the dispensing of medication." And what if there is no alternative workplace available in the company? "Then the pregnant woman must be released from work."

Incidentally, the Maternity Protection Act also applies to freelance employees. They also have an individual and absolute ban on employment before and after giving birth. If they are dismissed due to their pregnancy or a ban on employment up to four months after the birth, they can challenge the dismissal in court within two weeks.