What does maternity protection mean in Austria?
Maternity protection refers to the legally regulated Protection period for expectant mothers before and after the birth, which is intended to ensure that the health of mother and child is protected while the employment relationship is maintained.
During the protection period, employees may not be employed, however, there is a Entitlement to continued payment of salary. In modern HR systems such as Personalwolke, maternity leave is automatically recorded so that Absences, protection periods and payments managed correctly become.
Particularly relevant for:
- Pregnant employees
- HR departments for personnel planning
- Managers for the coordination of substitutions
Background: Legal framework
Maternity protection in Austria is Maternity Protection Act (MSchG) and includes:
- Employment ban before birth: Usually 8 weeks before the expected date of birth
- Employment ban after the birth: at least 8 weeks after delivery, up to 12 weeks in the case of premature or multiple births
- Continued payment of wages: Salary, bonuses and supplements continue to be paid
- Employment bans for hazardous activities: e.g. night work, work that is harmful to health
Typical questions:
- When does maternity protection begin?
- Which activities are prohibited?
- How are wages paid during maternity leave?
How does maternity protection work in practice?
- Registration of the pregnancy: Employees inform the HR department, often with a medical certificate
- Calculation of the protection periods: Personnel cloud or other HR systems automatically calculate the start and end of the protection period
- Implement employment bans: HR and managers plan substitutions, adjustments to working hours or home office alternatives, where permitted
- Ensure continued payment of wages: Salary, bonuses and special payments will continue as usual
Example:
- An employee announces her pregnancy 12 weeks before the due date
- Start of maternity protection: 8 weeks before the expected date of delivery
- End of maternity leave: 8 weeks after the birth (12 weeks for multiple births)
- HR plans substitutions and records absences in the personnel cloud
- Continued payment of salary continues automatically, including bonuses
Why is maternity protection useful?
- To the Protecting the health of mother and child
- For the Legal protection for employees
- For companies: Legal certainty and planning security for absences
Advantages:
- Security and financial protection for pregnant women
- Clear legal regulations for work bans
- HR support for personnel planning and compliance
What should employees look out for?
- Early notification of the pregnancy to HR
- Medical confirmation keep ready
- Documentation of absences and special regulations
- Check parental leave planning in conjunction with maternity leave in good time
What should companies & HR departments look out for?
- Timely planning of substitutions and work adjustments
- Automated absence management e.g. via personnel cloud to correctly record deadlines and salary payments
- Communication with employees: Transparent information on protection periods, work bans and continued pay
- Ensure compliance: Comply exactly with legal requirements
Why is maternity protection so important?
For employees:
→ Protection of health and the workplace, financial security and clear rights during pregnancy.For companies:
→ Legal certainty, avoidance of conflicts or penalties, planning of substitutions and use of resources.
