Maternity protection in Austria is regulated by the Maternity Protection Act, which is available for expectant mothers to view and print on the Arbeiterkammer website. All female employees who are in an employment relationship have a right to maternity protection. It is not relevant whether the pregnant women perform their job in the private sector or the public-law 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. In this context it is not relevant
- 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 a permanent employment relationship. The Arbeiterkammer recommends that pregnant women, immediately after becoming aware of their condition and after informing the employer, discuss the case with the employee representation.
Pregnant women in Austria have a duty to inform
The Maternity Protection Act largely leaves it up to the employee to decide when to inform the employer about the pregnancy. Unless she has to carry heavy packages and works in an office, for example, it is advisable to wait until the third month of pregnancy. It is advisable because the risk of a miscarriage cannot be ruled out in the first three months of pregnancy. As a rule, the employer requires a medical certificate from a health insurance doctor regarding the pregnancy, which they then report to the Labor Inspectorate.
Maternity protection before and after birth
The employment ban for pregnant women begins about eight weeks before the expected due date. Maternity protection in Austria provides increased protection for pregnant women expecting multiple births or a premature birth. In such cases, expectant mothers are not allowed to work twelve weeks before the birth. Furthermore, many activities that endanger pregnant women are not permitted during the time until maternity leave begins. Pregnant employees can find out which specific activities these are on the Chamber of Labor website. The employee's vacation entitlement begins at the start of the calendar year. If she cannot use up her vacation before the start of the maternity protection period, the vacation entitlement is reduced. The vacation pay is the average of the salary of the last 13 weeks. During the protection period, special payments are added to the calculation. The employer may not pay out the vacation.
Back to work after maternity leave
The protection period after birth is between eight and 12 weeks. During maternity leave, employees receive maternity allowance from the health insurance fund. After maternity leave, the young mother can return to her job. However, the employer must provide time off for breastfeeding the child. In Austria, parental leave or part-time parental leave is available. Parents have the option of sharing the leave during this time. As a rule, the duration is two years. During this time, parents receive parental allowance and money for childcare from the state.
