Maternity protection in Austria is governed by the Maternity Protection Act, which is available for pregnant women to view and print on the Arbeiterkammer's website. All female employees who are in an employment relationship have a right to maternity protection. It does not matter whether the pregnant women work in the private sector or the public sector. Home-based workers and apprentices are also entitled to the provisions of the Maternity Protection Act.
The Maternity Protection Act for Female Employees in Austria
The Maternity Protection Act in Austria is binding for all female employees. It does not depend on
- the amount of income,
- the marital status, and
- the working hours.
In principle, pregnant women cannot be dismissed under the Maternity Protection Act, provided they are in an indefinite (permanent) employment relationship. The Arbeiterkammer recommends that pregnant women discuss the matter with employee representation immediately after becoming aware of their condition and informing their employer.
Pregnant Women in Austria Have an Obligation to Inform
The Maternity Protection Act largely leaves it up to the female employee to decide when to inform her employer about the pregnancy. If she does not have to carry heavy packages and, for example, works in an office, it is advisable to wait until the third month of pregnancy. This is recommended because the risk of miscarriage in the first three months cannot be ruled out. As a rule, the employer requires a medical certificate of pregnancy from the health insurance physician, which the employer reports to the Labour Inspectorate.
Maternity Protection Before and After Birth
The work ban for pregnant women begins about eight weeks before the expected due date. Maternity protection in Austria offers increased protection to pregnant women expecting multiple births or premature births. In such cases, expectant mothers may not work twelve weeks before delivery. Furthermore, many activities that endanger pregnant women are not permitted during the period up to the start of the maternity protection. Pregnant employees can find out which activities these are in detail on the Arbeiterkammer's website. The employee's entitlement to holiday begins with the start of the calendar year. If she cannot take the holiday before the start of the protection period, the holiday entitlement is reduced. Holiday pay equals the average of the salary of the last 13 weeks. Special payments are added to the calculation during the protection period. The employer may not pay out the holiday.
Back to Work After Maternity Protection
The protection period after birth is between eight and 12 weeks. During the maternity protection period, female employees receive maternity pay (Wochengeld) from the health insurance fund. After the maternity protection period, the young mother can return to her job. However, the employer must provide time off for breastfeeding the child. In Austria, parental leave or parental part-time work is an option. Parents can split the leave during this time. As a rule, the duration is two years. During this period, parents receive parental allowance from the state and money for childcare.
