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<p>The Maternity Protection Act in Austria (<i>Mutterschutzgesetz</i>, MSchG), which regulates the protection of the health of expectant and breastfeeding mothers and the protection of children in their working environment, outlines two categories of pregnancy leave: leave on medical grounds and leave based on employment prohibitions and restrictions as specified by the Act, which apply when no suitable alternative workplace can be offered. If there are risks to the mother’s health or pregnancy, the pregnant woman must be granted leave from work on medical grounds by a&#xa0;certificate from a&#xa0;specialist in gynaecology and obstetrics or internal medicine (sec.&#xa0;3&#xa0;para.&#xa0;3 MSchG). The medical grounds that may give rise to pregnancy leave are listed exhaustively in the Maternity Protection Ordinance (<i>Mutterschutzverordnung</i>, MSchV). If an employee is exempted from work in accordance with sec.&#xa0;3&#xa0;para.&#xa0;3 MSchG (i.e. on medical grounds), they are entitled to benefits from the social security institution instead of the wages paid by the employer. However, if there are workplace-related risks to the pregnant woman and/or her unborn child, such as work involving exposure to biological agents, the employer must assess the situation and decide whether pregnancy leave due to employment prohibition in accordance with sec.&#xa0;4 MSchG is necessary. If the expectant mother is granted leave from work due to a&#xa0;workplace-related prohibition of employment, the employer is obliged to continue paying her wages until the start of the absolute employment prohibition (8&#xa0;weeks before the expected date of birth). Pregnant employees working in gynaecology and obstetrics are exposed to particular risks that result in certain employment prohibitions in accordance with sec. &#xa0;4 MSchG. Due to these risks, certain activities are generally prohibited for pregnant employees. Whether specific clinical activities actually represent a&#xa0;risk to pregnant women must be determined on a&#xa0;case-by-case basis as part of the maternity protection assessment (sec.&#xa0;2a&#xa0;para.&#xa0;1 and&#xa0;2 MSchG).</p>

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Freistellungen nach dem österreichischen Mutterschutzgesetz

  • 期刊论文

  • 发表日期：

    2025年10月13日

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  • Isabelle Häusler

摘要

The Maternity Protection Act in Austria (Mutterschutzgesetz, MSchG), which regulates the protection of the health of expectant and breastfeeding mothers and the protection of children in their working environment, outlines two categories of pregnancy leave: leave on medical grounds and leave based on employment prohibitions and restrictions as specified by the Act, which apply when no suitable alternative workplace can be offered. If there are risks to the mother’s health or pregnancy, the pregnant woman must be granted leave from work on medical grounds by a certificate from a specialist in gynaecology and obstetrics or internal medicine (sec. 3 para. 3 MSchG). The medical grounds that may give rise to pregnancy leave are listed exhaustively in the Maternity Protection Ordinance (Mutterschutzverordnung, MSchV). If an employee is exempted from work in accordance with sec. 3 para. 3 MSchG (i.e. on medical grounds), they are entitled to benefits from the social security institution instead of the wages paid by the employer. However, if there are workplace-related risks to the pregnant woman and/or her unborn child, such as work involving exposure to biological agents, the employer must assess the situation and decide whether pregnancy leave due to employment prohibition in accordance with sec. 4 MSchG is necessary. If the expectant mother is granted leave from work due to a workplace-related prohibition of employment, the employer is obliged to continue paying her wages until the start of the absolute employment prohibition (8 weeks before the expected date of birth). Pregnant employees working in gynaecology and obstetrics are exposed to particular risks that result in certain employment prohibitions in accordance with sec.  4 MSchG. Due to these risks, certain activities are generally prohibited for pregnant employees. Whether specific clinical activities actually represent a risk to pregnant women must be determined on a case-by-case basis as part of the maternity protection assessment (sec. 2a para. 1 and 2 MSchG).