Maternity Protection Act with regard to students
Since 1 January 2018, a new Maternity Protection Act has become effective where also female students are included into the scope of this act. The act applies as soon as the respective training institution (here: FHWS) specifies place, time and schedule of training events or if the student is obliged to complete a mandatory internship during her studies.
To be able to draw on the protective provisions provided by the Maternity Protection Act, students have to notify FHWS about their pregnancy and the expected date of birth.
As a consequence, FHWS is obliged to forward this information to the trade supervisory inspectorate (Gewerbeaufsichtsamt). For this information the student concerned has to complete number 1 and 2 of the Pregnancy Notification form and present her pregnancy record book (Mutterpass). (Please note: In No. 1, please enter the person at HSST responsible for your degree programme as contact at FHWS)
As a pregnant student you have the following options during your course of studies:
- Leave of absence for the periods of protection in accordance with the Maternity Protection Act before and after the child’s birth (6 weeks before, 8 or up to 12 weeks after) and/or for parental leave is generally possible. The leave of absence will not be counted towards the deadlines for first attempts of exams or repeat exams. Independent from a leave of absence you can still take exams (first attempts or repeat exams). The Application for Leave of Absence Acc. to Article 48 (4) BayHSchG is available as PDF download from the form centre.
- If you want to continue your studies without a leave of absence, you can apply for the extension of deadlines of exams. In this case, presenting a medical certificate is not necessary, if you already presented a pregnancy certificate together with the Pregnancy Notification Form. If there is an exam during the period of protection after the child’s birth you only have to enclose a copy of the child’s birth certificate.
- If you decide against both a leave of absence and the extension of deadlines, you can take all exams as usual during the protection periods before and after childbirth. The usual regulations for the registration for exams apply.
- Nursing mothers can apply for an extension of deadlines during the first 12 months after childbirth. If you have not done already, please enclose a copy of the child’s birth certificate.
If you are in your practical semester, you have to inform not only FHWS about your pregnancy, but also your internship company.
For more information, please visit the pages of the women’s affairs officer.