Women who work, are not allowed to be laid off or dismissed during pregnancy. There is a term of protection for eight weeks before the due date and eight weeks after the birth. During this term of protection, women in Austria are not allowed to work.
Obligation to inform
If you are pregnant, you have certain obligations towards your employer:
- As soon as you are aware of your pregnancy, you must inform your employer about the pregnancy and the expected due date.
- If requested by your employer, you must present a medical certificate about your pregnancy and the expected due date.
- In the 4th week prior to the start of the term of protection, you must make your employer aware that the term of protection will begin in 4 weeks.
- If your pregnancy ends prematurely (for example, due to a miscarriage), you must inform your employer about it.
Protection against dismissal
Women cannot be dismissed during the following periods or terms:
- during pregnancy
- up to the fourth month after birth
- during parental leave: up to four weeks after parental leave, but a maximum of four weeks after the child’s 2nd birthday
- during part-time employment: up to four weeks after the end of part-time employment, but a maximum of four weeks after the child’s 4th birthday
If you find out about your pregnancy after a dismissal the dismissal can become void. This applies to
- a verbal dismissal, if you disclose your pregnancy within 5 working days after the dismissal
- a written dismissal, if you disclose your pregnancy within 5 working days after the delivery of the dismissal
- or even later than within 5 working days, if you only find out that you are pregnant afterwards and disclose this information immediately.
You must present a medical certificate about your pregnancy.
Discuss all your questions about maternity protection with the experts of the Chamber of Labour or your trade union and read the following information: