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Maternity protection periods

Six weeks before the due date, eight weeks after. Simple enough — as long as the child arrives on time, which it rarely does.

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The basic rule

The protection period before delivery is six weeks, counted back from the expected date. You may work during it if you say so expressly — and you can withdraw that at any time.

The protection period after delivery is eight weeks, counted from the actual date of birth. Here there is no choice: nobody may employ you during it.

The day of delivery itself belongs to the paid period under § 20 Abs. 1 MuSchG. A child arriving on the due date therefore produces 99 paid calendar days.

If the child arrives early

The period before the birth is shortened — but the lost days are added back at the end (§ 3 Abs. 2 Satz 3 MuSchG).

A child arriving ten days early leaves you 32 days rather than 42 before the birth, and 66 rather than 56 after it. The paid period is exactly as long in total.

On top of that, a premature birth extends the period after the birth to twelve weeks anyway. Both rules apply alongside each other.

If the child arrives late

The period before the birth lengthens accordingly — and the eight weeks afterwards remain entirely intact.

This is deliberately not symmetric. A late birth makes maternity protection longer overall; it does not shorten it.

This is exactly where simplified calculators go wrong: shifting the whole period by the difference takes away days the mother is entitled to.

Twelve weeks instead of eight

The period after the birth extends to twelve weeks for a premature birth, for a multiple birth, and where a disability in the child is established within eight weeks of the birth. In the last case it happens on application.

For Mutterschaftsgeld that simply means more paid calendar days at the same daily rate.

Common questions

May I work before the birth if I want to?

Yes — during the six weeks before the due date you may work if you expressly declare yourself willing, and you can withdraw that declaration at any time. After the birth there is no such choice.

Do I get less money if the child arrives early?

No. The days are added to the end, the paid period stays the same length, and the daily rate does not change.

Does the day of birth count?

Yes — § 20 Abs. 1 MuSchG names the day of delivery expressly alongside the protection periods. Individual payers differ by a day here, which is why our total is an estimate.

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