Maternity benefit and maternity protection wage:

DSections 18 and 19 of the Maternity Protection Act distinguish between maternity pay (section 18 of the Maternity Protection Act) and maternity allowance (section 19 of the Maternity Protection Act):

The Maternity Protection Act regulates many absolute and relative employment bans that would lead to gender discrimination of the pregnant woman without a special regulation on wage replacement claims of the employee concerned. For this reason, the maternity protection wage and the maternity protection allowance are regulated in § 18 and § 19 of the Maternity Protection Act.

Requirements for the claim:

At the beginning of the protection period according to Section 3 of the Maternity Protection Act, the employee is entitled to maternity benefit from her statutory health insurance company or the Federal Insurance Office in accordance with Section 19 of the Maternity Protection Act. This entitlement is supplemented by a maternity benefit subsidy from the employer in accordance with Section 20 of the Maternity Protection Act. For all other employment bans (e.g. due to an employment ban issued by a doctor), Section 18 of the Maternity Protection Act regulates a claim against the employer for payment of the maternity protection wage. According to Sections 18 to 21 of the Maternity Protection Act, a pregnant woman receives a maternity protection wage equal to the previous average wage.

Pupils:

There are no entitlements for female and male students according to §§ 18 and 19 of the Maternity Protection Act, because a claim to maternity protection wages or maternity allowance only exists if a pregnant woman has actually received wages/remuneration beforehand.

If you have any questions about maternity pay / maternity allowance, please contact our law firm and arrange one meeting

or call us on the phone number02366-94066 02.