Pregnant during probation: can your employer dismiss you?

Pregnant during probation: does the protection against dismissal apply?

Yes, without restriction. During probation, your employer can normally give notice with a period of 2 weeks (Sec. 622 (3) BGB) and does not need a reason in the first 6 months, because the Protection Against Dismissal Act only applies after that (Sec. 1 (1) KSchG). How the probation periods run is explained in the guide on the notice period during probation.

For pregnant employees, however, there is a separate ban on dismissal: Sec. 17 (1) of the Maternity Protection Act (MuSchG) declares dismissal during pregnancy inadmissible. The provision contains no exception for probation, for small businesses or for short employment relationships. The Family Portal (Familienportal) of the Federal Ministry for Family Affairs confirms: in an open-ended employment relationship, the Maternity Protection Act applies without restriction during probation as well.

The protection applies even before your first working day. According to the Federal Labour Court (BAG), the ban on dismissal also applies to a dismissal before the agreed start of work (BAG, judgment of 27 February 2020, 2 AZR 498/19).

Protected are employees, including part-time employees and those in a mini-job, as well as trainees and interns within the meaning of the Vocational Training Act (Sec. 1 (2) MuSchG). The Act does not apply to female civil servants (Sec. 1 (3) MuSchG), but it does apply to teachers who are employees.

From when and for how long does the protection against dismissal apply?

The protection begins with the pregnancy, not only when you inform your employer. What matters is that you were already pregnant when the dismissal was received. If you only become pregnant afterwards, Sec. 17 MuSchG does not protect you against that dismissal.

Phase	Dismissal by the employer permitted?	Basis
Employment contract signed, work not yet started, you are pregnant	no	Sec. 17 (1) sentence 1 no. 1 MuSchG; BAG 2 AZR 498/19
Pregnancy during probation	no	Sec. 17 (1) sentence 1 no. 1 MuSchG
After childbirth	no until the end of the protective period after childbirth, at least 4 months after childbirth	Sec. 17 (1) sentence 1 no. 3 MuSchG
After a miscarriage after the 12th week of pregnancy	no until 4 months after the miscarriage	Sec. 17 (1) sentence 1 no. 2 MuSchG
Parental leave requested or started	no from the request, at the earliest 8 weeks before the start of parental leave up to the child's 3rd birthday	Sec. 18 (1) BEEG
Pregnancy only begins after the dismissal was received	yes, Sec. 17 MuSchG does not apply	Sec. 17 (1) MuSchG
Every phase above	exceptionally yes, if the authority has declared the dismissal admissible beforehand	Sec. 17 (2) MuSchG, Sec. 18 (1) BEEG

Measures taken by the employer to prepare a dismissal are also prohibited (Sec. 17 (1) sentence 3 MuSchG). After a miscarriage from the 13th week of pregnancy, there have also been protective periods of 2, 6 or 8 weeks since 1 June 2025, depending on the week of pregnancy (Sec. 3 (5) MuSchG). What applies to holiday after the birth is explained in the guide on holiday entitlement during parental leave.

Do you have to disclose the pregnancy during probation?

No. Sec. 15 (1) MuSchG is a "should" provision (Soll-Vorschrift): you should inform your employer of the pregnancy and the expected date of delivery as soon as you know about it. The law does not provide for any sanction if you tell them later.

During probation, there are three reasons for telling your employer early:

1. Protection at work: Your employer can only comply with the rules on night work, overtime or hazardous activities if they know about it.
2. Clear evidence: If they know before a dismissal, you no longer have to watch the 2-week deadline.
3. Time off for check-ups: Your employer must release you from work for antenatal check-ups, without loss of pay and without having to make up the time (Sec. 7 (1), Sec. 23 (1) MuSchG).

On request, you should provide a medical certificate or a certificate from a midwife (Sec. 15 (2) MuSchG).

In a job interview, asking about a pregnancy is not permitted: less favourable treatment because of pregnancy is direct discrimination on grounds of sex (Sec. 3 (1) sentence 2, Sec. 7 (1) AGG). You do not have to answer the question truthfully.

Dismissal received, employer knew nothing: the 2-week deadline

The most common case during probation: the dismissal arrives, and your employer knows nothing about the pregnancy; perhaps you did not know yourself yet. The ban on dismissal still applies if you inform them of the pregnancy within 2 weeks of receiving the dismissal (Sec. 17 (1) sentence 1 MuSchG). The deadline starts on receipt: when the dismissal is handed to you or reaches your letterbox at a time when, according to normal practice, it can be expected to be emptied, not on the date written on the letter.

How to inform your employer of the pregnancy:

• In a way you can prove: in writing by registered mail delivered to the letterbox (Einwurf-Einschreiben) or by messenger, keeping a copy.
• With reference to the dismissal: state the date of the dismissal and that you were already pregnant when it was received.
• With evidence: enclose a medical certificate or announce that you will send one.

Missing the 2 weeks does no harm if you are not responsible for the delay and inform your employer without undue delay (Sec. 17 (1) sentence 2 MuSchG). A typical case: you only find out after the 2 weeks have expired that you were already pregnant when the dismissal was received. Without undue delay means without culpable hesitation.

If your employer does not then withdraw the dismissal, you can bring a claim against the dismissal and for payment of your wages; Arbeitsschutz NRW, the occupational safety authority of North Rhine-Westphalia, advises you to continue offering your work. Either way: the deadline for the claim keeps running.

The 3-week deadline for the claim

The fact that the dismissal of a pregnant employee is invalid only helps you if you file a claim in time. If you want to argue that a dismissal is invalid for any reason, you must file a claim with the labour court within 3 weeks of receiving the written dismissal (Sec. 4 sentence 1 KSchG). This also applies during probation, in a small business (Sec. 23 (1) sentences 2 and 3 KSchG) and to a dismissal without notice (Sec. 13 (1) sentence 2 KSchG). If you miss the deadline, the dismissal is deemed valid from the outset (Sec. 7 KSchG).

Deadlines in an example

You receive the dismissal on Monday, 16 November 2026. Your employer knew nothing about the pregnancy.

What	Deadline	Example	Consequence if missed	Basis
Inform the employer of the pregnancy	2 weeks after receipt	by Monday, 30 November 2026	protection lapses, unless you are not responsible for the delay and inform them without undue delay	Sec. 17 (1) sentences 1 and 2 MuSchG
Register as a jobseeker	3 days after learning of the end, if fewer than 3 months remain until then	by Thursday, 19 November 2026	possible suspension of unemployment benefit (Sec. 159 (1) sentence 2 no. 9 SGB III)	Sec. 38 (1) SGB III
Unfair dismissal claim	3 weeks after receipt	by Monday, 7 December 2026	dismissal is deemed valid	Sec. 4 sentence 1, Sec. 7 KSchG

Registering with the employment agency (Agentur für Arbeit) is also mandatory if you file a claim (Sec. 38 (1) sentence 3 SGB III). What applies if the deadline ends on a weekend is explained in the guide on the deadline for an unfair dismissal claim.

If your employer knew about the pregnancy

If a dismissal requires the consent of an authority, the deadline for the claim only runs from the date on which the authority's decision is notified to you (Sec. 4 sentence 4 KSchG). If your employer gives notice knowing about the pregnancy and without a declaration of admissibility, the 3-week deadline therefore does not start on receipt. Do not rely on this, because the employer's knowledge is often difficult to prove in a dispute. To be on the safe side, file a claim within 3 weeks.

If you only learn of the pregnancy after the deadline

If, through no fault of your own, you only learned of your pregnancy after the 3 weeks had expired, the court will admit the claim late on application (Sec. 5 (1) sentence 2 KSchG). The application is only admissible within 2 weeks after the obstacle has been removed and must be combined with the claim (Sec. 5 (2) and (3) KSchG).

The Federal Labour Court ruled on this on 3 April 2025 (2 AZR 156/24, press release 16/25): an employee had taken a positive pregnancy test within the deadline for the claim, but only received confirmation from a gynaecologist after the deadline had expired, at the earliest possible appointment. According to the court, only this examination gave her "positive knowledge" that she had already been pregnant when the dismissal was received; the home test could not do that. The claim was admitted late, and the dismissal was invalid for breach of Sec. 17 (1) sentence 1 no. 1 MuSchG.

For you, this means: after a positive test, make a doctor's appointment immediately, then inform your employer without hesitation and file the application. If, for example, you find out from your gynaecologist on Monday, 14 December 2026, the deadline for the application ends on Monday, 28 December 2026.

When may a pregnant employee be dismissed during probation?

Only with prior official permission. The supreme state authority responsible for occupational health and safety, or the body designated by it, may exceptionally declare the dismissal admissible in special cases if the case is not connected with your condition during pregnancy, after a miscarriage or after childbirth (Sec. 17 (2) sentence 1 MuSchG). In North Rhine-Westphalia, this is the district government (Bezirksregierung); each federal state regulates the responsibility itself.

Arbeitsschutz NRW names the following as possible special cases:

• closure of the business, insolvency or closure of part of the business, if your job ceases to exist and you cannot continue to be employed in the company,
• in a small business, an impending threat to its economic existence,
• intentional criminal acts or particularly serious breaches of duty unconnected with the pregnancy.

According to Arbeitsschutz NRW, pregnancy-related illnesses or activities not permitted under the Maternity Protection Act are generally not a reason for consent. Poor performance during probation is not provided for in the law as a special case.

In the procedure, the authority hears you and notifies both sides of its decision. Only then may your employer give notice, in writing and stating the admissible reason for the dismissal (Sec. 17 (2) sentence 2 MuSchG). You can challenge the decision separately; for the dismissal, the 3-week deadline applies.

This also applies to a dismissal without notice: without a declaration of admissibility, it is just as inadmissible as an ordinary one. More on deadlines and reasons in the guides on extraordinary dismissal and dismissal without notice.

If your employment ends through a dismissal admitted in this way, you still receive maternity benefit (Mutterschaftsgeld) during the protective periods, and the body responsible for maternity benefit takes over the employer's supplement (Sec. 20 (3) MuSchG, Sec. 24i (2) SGB V).

Where the ban on dismissal does not help

Sec. 17 MuSchG only prohibits dismissal by the employer. If the employment ends in another way, the provision does not protect you.

Situation	Does Sec. 17 MuSchG protect you?	What you can do
Fixed-term contract expires during pregnancy	no, it ends when the agreed term expires (Sec. 15 (1) TzBfG)	have the fixed term reviewed; claim against an invalid fixed term within 3 weeks after the agreed end (Sec. 17 TzBfG)
Contract only for the probation period	no, the pregnancy does not extend it	as above
Fixed-term contract is not renewed because of the pregnancy	no	possible discrimination under the AGG; assert claims in writing within 2 months (Sec. 15 (4) AGG), no right to the contract itself (Sec. 15 (6) AGG)
Termination agreement	no, this is not a dismissal	do not sign immediately, have it reviewed first; more in the guide on the termination agreement
Your own resignation	no	clarify beforehand which benefits you will lose

When the employment ends, for example, the employer's supplement to maternity benefit lapses, because Sec. 20 (1) MuSchG requires an existing employment relationship. Whether the health insurance fund then pays maternity benefit, and how much, is governed by Sec. 24i SGB V.

Is probation extended because of the pregnancy?

No. Probation is not automatically extended because you are pregnant, have a prohibition on employment (Beschäftigungsverbot) or go on maternity leave; the Family Portal of the Federal Ministry for Family Affairs also states that maternity protection does not extend probation. The shortened notice period of 2 weeks only applies during an agreed probationary period of no more than 6 months anyway (Sec. 622 (3) BGB).

If probation ends during the pregnancy, the normal notice periods apply afterwards, and Sec. 17 MuSchG continues to protect you. After 6 months, the Protection Against Dismissal Act also applies if your business regularly employs more than 10 employees (Sec. 1 (1), Sec. 23 (1) KSchG). An agreement to extend probation does not change the ban on dismissal; nevertheless, do not sign it without having it reviewed. What applies after probation is explained in the guide on ordinary dismissal.

Maternity protection, prohibition on employment and money during probation

All benefits under the Maternity Protection Act apply during probation in the same way as afterwards; there is no minimum period of employment.

Benefit	When	Who pays	Amount	Basis
Time off for antenatal check-ups	for the time required	employer	no loss of pay, no making up the time	Sec. 7 (1), Sec. 23 (1) MuSchG
Maternity protection pay (Mutterschutzlohn)	in the case of a prohibition on employment outside the protective periods, for example a prohibition on employment issued by a doctor	employer	average earnings of the last 3 months settled before the pregnancy began; if the employment only began afterwards: of the first 3 months of employment	Sec. 16, Sec. 18 MuSchG
Maternity benefit	6 weeks before to 8 weeks after childbirth (in certain cases 12 weeks, for example for premature and multiple births) and for the day of delivery	statutory health insurance fund	at most €13 per calendar day	Sec. 3, Sec. 19 (1) MuSchG; Sec. 24i SGB V
Maternity benefit if you are not a member of a statutory health insurance fund	as above	Federal Office for Social Security (Bundesamt für Soziale Sicherung), on application	at most €210 in total	Sec. 19 (2) MuSchG
Supplement to maternity benefit	as above, as long as the employment relationship continues	employer	difference between €13 and your average net earnings per calendar day in the last 3 months settled before the protective period	Sec. 20 (1) MuSchG

The special rule on maternity protection pay is important during probation: if you were already pregnant when you started the job, the earnings from the first 3 months of employment count (Sec. 18 sentence 4 MuSchG). A prohibition on employment issued by a doctor exists if your health or that of your child is at risk if you continue working (Sec. 16 (1) MuSchG); it is not a reason for dismissal. Questions on the tax and social security treatment of these benefits should be clarified with your health insurance fund or a tax adviser.

Checklist: pregnant and dismissed during probation

1. Note the date of receipt and keep the envelope.
2. Have the pregnancy confirmed by a doctor. According to the BAG, as a rule only the medical examination gives you certain knowledge, and the employer can request a certificate (Sec. 15 (2) MuSchG).
3. Inform your employer: within 2 weeks of receipt, in writing and in a way you can prove. If they already knew, ask in writing whether there is a declaration of admissibility from the authority.
4. Do not sign anything: no termination agreement, no settlement receipt (Ausgleichsquittung), no extension of probation without a review.
5. Register as a jobseeker within 3 days if fewer than 3 months remain until the end (Sec. 38 (1) SGB III).
6. Note the deadline for the claim: 3 weeks from receipt. Only accept a withdrawal of the dismissal in writing.
7. Continue to offer your work, unless something else has been agreed.
8. Have it reviewed, ideally in the first week. The procedure and costs of a claim are explained in the guide on the unfair dismissal claim.