Maternity protection does not only serve to protect the expectant mother from health risks during pregnancy, but also extends to the breastfeeding period after birth. The prohibition of employment during breastfeeding under Section 12 of the Maternity Protection Act (MuSchG) aims to protect the child’s health by restricting or prohibiting certain activities of the mother while breastfeeding. It is important for employers and employees to be precisely aware of the legal requirements in order to avoid risks and liability issues.

Legal basis: Section 12 Maternity Protection Act

• Section 12 MuSchG regulates the working conditions of breastfeeding mothers. According to this, an employee who is breastfeeding her child may not be employed if the work entails health risks for the child or the mother. In particular, this concerns activities in which milk production or the child’s health could be impaired by physical strain, hazardous substances, heat, radiation, or other harmful influences.

The legislator distinguishes between a general prohibition of employment (absolute impermissibility of certain activities) and an individual prohibition of employment, which a doctor can issue based on the specific health situation.

Obligations of the employer

Employers have an obligation to assess risks for breastfeeding mothers and to take necessary protective measures. This includes:

• Adjusting working conditions or working hours to avoid health risks
• Implementation of an individual prohibition of employment upon medical recommendation
• Avoiding activities that make breastfeeding difficult or impair milk production

Violations of these obligations can result in claims for damages by the employee and lead to consequences under labor law for the employer. It is important to note that a prohibition of employment does not automatically lead to leave without pay. Rather, the woman is entitled to the continued payment of her salary if a legal or medical prohibition exists.

Rights and obligations of the breastfeeding employee

Breastfeeding mothers are obliged to inform the employer in good time about the breastfeeding period and any health restrictions. A medical certificate may be required if an individual prohibition of employment is issued.

Employees are entitled to:

• Compliance with the prohibition of employment during breastfeeding
• Protection of the child’s health and their own health
• Continued payment of salary during the prohibition of employment

In addition, breastfeeding breaks under Section 6 MuSchG and the possibility of using a breastfeeding room can be claimed to ensure the compatibility of work and the breastfeeding period.

Practical significance and design options

In practice, the prohibition of employment during breastfeeding is a central element of maternity protection, especially in sectors with health-stressing activities such as laboratory work, skilled trades, catering, or nursing. Employers should check at an early stage which activities are suitable for breastfeeding mothers and offer flexible solutions such as part-time work, home office, or alternative areas of deployment.

Legal protection is provided both by the Maternity Protection Act and by medical certifications. Conflicts often arise when employers misjudge the risk or breastfeeding employees do not communicate their rights clearly. In such cases, specialist legal advice can help to minimize risks and ensure amicable implementation.

Conclusion

The prohibition of employment during breastfeeding under Section 12 MuSchG protects the health of mother and child and presents both employers and employees with specific legal obligations. Clear communication, early planning, and adjustment of working conditions are crucial to avoid conflicts and to implement the rights of the breastfeeding mother in a legally secure manner. Please feel free to contact me about this.