Information for employees
Maternity Protection Act
The Maternity Protection Act applies to all pregnant and breastfeeding women in employment. The main objective of the Maternity Protection Act (MuSchG) is to safeguard the health of pregnant women, nursing mothers and their children during pregnancy, after childbirth, and throughout the first year of breastfeeding, while preventing any disadvantages resulting from maternity-related measures.
You are expecting a child
As a pregnant person in an employment relationship with the Berlin University of the Arts, you can request a confidential meeting with the Women’s and Equal Opportunities Officer to discuss any questions or potential uncertainties in a trusting environment.
You also have the option of speaking to the university’s occupational health physician. They will review your workplace with you to identify any potential risks to you or the unborn child.
In the next step, you are required to report your pregnancy to the HR Department (your assigned contact person). To do this, you will need a copy of the page of your maternity logbook (Mutterpass) where the estimated due date (ET) is noted.
Your notification will then be automatically forwarded to the company doctor, the part-time Women’s and Equal Opportunities Officers, and the administrative leadership of the faculties.
After registering your pregnancy, you are fully entitled to maternity protection rights.
Seek a discussion with the leadership of your faculty or department and discuss organisational steps for the period of maternity protection and potential parental leave.
You do not have to make a final decision during your pregnancy about how you envision the time after the birth of the child. Nevertheless, it is advisable to establish an open culture of communication between you and the HR department and your faculty leadership, and that you remain in mutual communication about this.
Maternity leave and parental leave
The statutory maternity maternity protection period is determined by the due date stated in the maternity logbook (Mutterpass) and typically comprises six weeks before delivery and eight weeks after delivery. Since the actual date of birth cannot be predicted, the post-delivery maternity protection period will be adjusted accordingly. During maternity protection leave, you will receive your full salary and are exempt from work at the University of Arts Berlin. Any potential parental leave can only begin after the end of the maternity protection period.
An informal written request is sufficient, stating how you envision taking parental leave or how you plan to structure it. As the post-delivery maternity protection period normally lasts 8 weeks, it is sufficient to apply for parental leave after the birth, at the latest 7 weeks before the end of the maternity protection period. For the parent who is not giving birth, parental leave must be applied for 7 weeks before the estimated due date. Parental leave between the child’s third birthday and the day before their eighth birthday must be applied for at least 13 weeks before the start of this leave.
Since you have already discussed the period after maternity leave with the relevant parties during your pregnancy, an informal request stating how you envision taking parental leave is sufficient. As the post-delivery maternity protection period normally lasts 8 weeks, it is sufficient to apply for parental leave after the birth, at the latest 7 weeks before the end of the maternity protection period. For the parent who does not give birth to the child, parental leave must be applied for 7 weeks before the estimated due date. Parental leave between the child’s third birthday and the day before their eighth birthday must be applied for at least 13 weeks before the start of this leave.
If you have applied for less than three years of parental leave, you can take additional leave (e.g., if you do not have a childcare place) – either directly after your already approved parental leave or at a later time. If your employer decides to extend your parental leave, they must carefully consider all the relevant circumstances of your individual case. They must take into account both what is important for them and what is important to you.
For additional information on the exact legal regulations, please refer here.
Rights and obligations under the Maternity Protection Act
Under the Maternity Protection Act, the university is obligated to continue employing pregnant or breastfeeding women without exposing them or their child to unreasonable risks, while preventing discrimination during pregnancy, after delivery, and during breastfeeding. The university is required to conduct risk assessments in accordance with maternity protection law in every work area. If protection cannot be guaranteed, activity restrictions may need to be enforced and alternative arrangements made.
If the pregnant woman explicitly declares her willingness to work during the protective period before delivery of her own accord, this is permissible. This request must be submitted in writing to the HR department and/or the university administration and/or the technical management (if working in technical trades), but can be revoked by the pregnant woman at any time. Employment of pregnant or breastfeeding woman is prohibited between 8 p.m. and 6 a.m., as well as on Sundays and public holidays. An exception may be granted with explicit written consent (informal) and provided that there is no potential risk to the pregnant woman or the (unborn) child.
The Maternity Protection Act and the maternity protection guidelines can be found here.
Childcare: Nursery and KidsMobil
The University of Arts Berlin cooperates with studierendenWERK Berlin. Through studierendenWERK Berlin, you have the opportunity to secure a nursery place for your child. Contact your colleagues at studierendenWERK team at an early stage to receive direct advice. Registration for a nursery place is done online via the studierendenWERK website. In addition to the 1 August deadline, studierendenWERK’s nursery induction periods also take place at the start of the summer and winter semesters. Drop-off and pick-up times are flexible within the opening hours and are designed to accommodate potential university seminar schedules. As studierendenWERK nurseries are also affected by staff shortages, it is advisable to explore nurseries near your place of residence as well.
KidsMobil is a flexible childcare service for members of UdK Berlin who have children of a childcare-relevant age. As a teacher, staff member or student at the UdK Berlin, you can register for KidsMobil and receive flexible childcare at home in case of childcare emergencies.
KidsMobil is part of the non-profit organisation SOCIUS - Die Bildungspartner gGmbH.
Nursery/school closed – What to do?
In addition to holiday periods in nursery and school, there are additional closure days due to training or team days for educators or staff shortages in the nursery/school. In these cases, the nursery/school may be either completely closed or only open for a limited period. In addition, with staff shortage, parents are often informed at short notice that childcare cannot be guaranteed or will only be available to a limited extent. In these cases, you may be able to bring your child with you to the university. However, it is very likely that your child will feel more comfortable at the nursery/school or at home. To make the day with your child a little easier, there is a changing table, cot, toys, a sofa, and a workspace available in Room 308 of the UdK building at Einsteinufer 43. The room can also be used as a quiet room or breastfeeding space.
If needed, please contact the Office of the Women’s and Equal Opportunities Officer.
Your child is sick – What to do?
If your child is ill, they need rest and care to recover. In this case, have your pediatrician certify that you are unable to work for the university due to your child’s illness. Child sickness benefits (Kinderkrankengeld) are available for each child under the age of 12 who is covered by statutory health insurance. There is no age limit for children with disabilities who are dependent on assistance.
Please submit the completed “child sickness certificate” (Kinderkrankenschein) to the HR department. If you report your child as sick, the health insurance will cover a portion of lost wages, amounting to 90% of your net salary. Starting in 2024, the entitlement to child sickness benefits is a maximum of 15 working days per child (30 days for single parents).
Please also inform yourself about this topic, as legal regulations may change periodically:
Civil cervants
The regulations are governed by the Special Leave Ordinance (Sonderurlaubsverordnung – SUrlVO) and its implementing provisions (AV zur SUrlVO) for the State of Berlin. Civil servants continue to receive their official remuneration for a specified period when their child is ill. Leave for child care is granted as special leave for personal reasons with continued payment of official remuneration: 4 days per year for children under 12 years old, and additional special leave may be granted beyond this (up to 30 days per child, maximum 65 days total). For single parents, 60 days per child and a maximum of 130 working days in total apply.
It is also important that you discuss the cancellation of classes with the administrative leadership and find an appropriate solution in the interests of students. Such coordination is equally necessary in cases of personal illness or other teaching absences.
Further information and network
As a university, we are affiliated with studierendenWERK Berlin, and its services are available to all members of the university. Employees of Berlin universities are given priority for nursery placements whenever possible.
In addition, the association Bühnenmütter e.V. supports and connects performing artists with children and advocates for family-friendly structures in theatres and cultural institutions.
Parents of fine arts and design students can network with kunst+kind berlin.
Additional options
Under § 11 of the TV-L [Collective Agreement for the Public Service of the Länder], you are legally entitled to a reduction in working hours. If you wish to apply for this, please contact the HR department. You do not need to take parental leave for this purpose.
Special leave may be granted if there is an important personal reason. One option is special leave of up to four weeks, offset against your annual bonus. This model of leave allows you to increase your annual leave entitlement under the collective agreement. The legal basis for this can be found in § 28 TV-L.