Federal Labor Court Strengthens Special Dismissal Protection for Pregnant Women
A landmark ruling allows delayed legal claims for pregnant employees who are unaware of their pregnancy at the time of dismissal.
In a significant ruling, Germany's Federal Labor Court has clarified the special dismissal protection afforded to pregnant women under the country's Maternity Protection Act.
The court determined that claims for dismissal protection may be filed retroactively if a woman is unaware of her pregnancy at the time of termination and learns of it only after the expiration of the standard three-week period for filing such claims.
The decision, delivered by the Second Senate of the Federal Labor Court in Erfurt, was articulated in case number 2 AZR 156/24. It asserted that the commencement of the legal deadline for filing a claim in such cases is contingent upon the medical confirmation of pregnancy.
Consequently, affected employees are granted a two-week window from the point at which their pregnancy is medically confirmed to seek recourse in an employment court.
This ruling arose from the case of a medical professional specializing in ophthalmology who had her contract terminated in a letter dated May 14, 2022, effective at the end of June 2022. Although she took a pregnancy test at the end of May, she could not secure an appointment with her gynecologist until June 17, 2022, at which point she learned that she was pregnant at the time her employer had sent the termination notice.
The court acknowledged that she could not have reasonably been expected to know her pregnancy status solely from a home pregnancy test, and therefore her claim was permissible despite the lapse of the usual filing timeline.
The ruling reinforces existing protections for pregnant employees and underscores the importance of ensuring that employers comply with the requirements of the Maternity Protection Act.
It follows earlier rulings by lower courts, which had also found in favor of the employee's claim for job security based on the dismissal ban tied to pregnancy.
This case highlights the evolving landscape of labor law in Germany, particularly concerning the rights of pregnant employees and the obligations of employers in safeguarding those rights in their employment practices.
The court determined that claims for dismissal protection may be filed retroactively if a woman is unaware of her pregnancy at the time of termination and learns of it only after the expiration of the standard three-week period for filing such claims.
The decision, delivered by the Second Senate of the Federal Labor Court in Erfurt, was articulated in case number 2 AZR 156/24. It asserted that the commencement of the legal deadline for filing a claim in such cases is contingent upon the medical confirmation of pregnancy.
Consequently, affected employees are granted a two-week window from the point at which their pregnancy is medically confirmed to seek recourse in an employment court.
This ruling arose from the case of a medical professional specializing in ophthalmology who had her contract terminated in a letter dated May 14, 2022, effective at the end of June 2022. Although she took a pregnancy test at the end of May, she could not secure an appointment with her gynecologist until June 17, 2022, at which point she learned that she was pregnant at the time her employer had sent the termination notice.
The court acknowledged that she could not have reasonably been expected to know her pregnancy status solely from a home pregnancy test, and therefore her claim was permissible despite the lapse of the usual filing timeline.
The ruling reinforces existing protections for pregnant employees and underscores the importance of ensuring that employers comply with the requirements of the Maternity Protection Act.
It follows earlier rulings by lower courts, which had also found in favor of the employee's claim for job security based on the dismissal ban tied to pregnancy.
This case highlights the evolving landscape of labor law in Germany, particularly concerning the rights of pregnant employees and the obligations of employers in safeguarding those rights in their employment practices.
Translation:
Translated by AI
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