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Maternity Protection for Students

Lupe

Since 1 January 2018, the Maternity Protection Act (Mutterschutzgesetz - MuSchG) has applied to not only employees but also students and interns.

 

Maternity Protection Act

The Maternity Protection Act protects a woman and her child’s health at her place of study during pregnancy, after childbirth, and while nursing. It enables (expecting) mothers to continue their work, studies, or other activities during this time without endangering their own health or that of their child and serves to prevent disadvantages during pregnancy, after childbirth, and during the nursing period. The Act applies in cases where TU Berlin stipulates a mandatory place, time, and schedule for a course. It also applies if students are required to complete a mandatory internship as part of their university course.

 

Protection Periods

Pursuant to Section 3 MSchG, the period of protection, during which a student can take leave from her studies, is 6 weeks before the estimated delivery date and 8 weeks after the birth of the child. In the event of premature birth, multiple births, or the birth of a child with a disability, the period of protection is extended to 12 weeks after birth. Students have the right to waive this protection. Unlike employees, students are permitted to begin working again after childbirth as long as they expressly communicate to the University their wish to waive their right to leave. They can revoke this waiver at any time.

Additionally, expecting and nursing women are not permitted to work during certain hours or at night, pursuant to Sections 44 cf. MuSchG. This means, for instance, that you cannot attend courses or take exams after 20:00 or on Sundays or holidays. However, you may choose to work or participate in such courses or exams by providing a declaration of your intent to do so. You may revoke this declaration at any time. For further information, please contact the degree program representatives in the faculties.

 

Contact Persons and Procedure

If you wish to register your pregnancy with the University, please do so in person at the Office of Student Affairs in the Campus Center. You must submit proof of pregnancy (e.g. copy of your maternity record booklet, certificate from physician/midwife) with the estimated due date.

Further information is available in the Campus Center. You are not legally required to inform the University of your pregnancy. We invite you to make use of the Academic Advising Service’s office hours to learn about further details so that you can make an informed decision.

 

Study Conditions pursuant to Sections 9, 10, 13 MuSchG

If you are expecting or nursing and would like to participate in a course, lab, or internship which you have registered for, the faculties must conduct an assessment to identify potential risks for you or your child. Expecting (Section 11 MuSchG) and nursing (Section 12 MuSchG) students are prohibited from certain activities and contact with certain substances.

Necessary protective measures will be determined and implemented on the basis of this assessment. This is coordinated by the degree program representative. These measures are intended to prevent any disadvantages resulting from pregnancy, childbirth, or nursing. Compensation for disadvantages must be requested from the relevant examination committee in good time.

After the risk assessment has been conducted, the faculty will inform the TU Berlin Office of Student Affairs. The Berlin State Office for Occupational Safety, Health Protection, and Technical Safety (LAGetSi) is also notified.

After the birth of your child, you must inform the Office of Student Affairs in the Campus Center of the actual delivery date and nursing period. If there are changes or if the protection or nursing periods extend to the next semester, the study conditions will be re-assessed as necessary.

 

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