Employment Law Navigating Pregnancy Termination: What Employees Demand to Recognize
March 20, 2026
Being pregnant and facing termination – is it even possible? Understanding your rights and what steps to take if a termination occurs during pregnancy is crucial.
Employees who are pregnant have significant protection against termination. This protection begins from the moment of conception and extends for at least four months after childbirth. The status of employment – full-time, part-time, temporary, or during training – is irrelevant. A complete prohibition on termination applies during this period.
Still, a termination may occur for various reasons. It’s vital, according to the Saarland Chamber of Labor, to be aware of deadlines and proceed systematically.
Employer Awareness is Key
For the protection to apply, the employer must be aware of the pregnancy. If an employer terminates a pregnant employee without this knowledge, the employee has two weeks from receiving the termination notice to inform them. “Then the prohibition on termination takes effect retroactively,” explains Uli Meisinger, a lawyer at the Chamber of Labor, in the journal “AK-Konkret” (Issue 1/2026).
Even after this period, an employee can still disclose the pregnancy if they were unable to meet the deadline through no fault of their own. No specific form is required for this notification, but proof of receipt is essential. A multi-channel approach – such as sending an email and a registered letter – is recommended. The notification must also clearly state that the pregnancy existed at the time the termination notice was received.
Exceptions to the Rule
There are limited exceptions. The Federal Ministry for Family Affairs states that company insolvency or partial shutdown of operations can be valid reasons for termination. A particularly serious breach of duty by the employee may also be grounds for termination.
In these cases, the employer must submit a written application to the relevant supervisory authority. Termination is only permitted with their approval. If a termination occurs without such approval, the employee can file a lawsuit with the labor court within three weeks, and should also contact the supervisory authority. Even with approval, it may be possible to challenge the decision.
Protection Against Discrimination
The General Equal Treatment Act (AGG) provides protection against discrimination, which can occur due to pregnancy. According to Meisinger, a termination of a pregnant employee can be a strong indication of unlawful discrimination based on gender, potentially entitling the employee to compensation under the AGG, subject to specific deadlines.
In all cases, the lawyer advises pregnant employees who have received a termination notice to gather all relevant documents, demonstrably disclose the pregnancy, and seek assistance from a trade union, labor chamber, or lawyer.
Frequently Asked Questions
- Can I be terminated during my probationary period if I am pregnant? No, the protection against termination applies regardless of the length of employment or probationary status.
- What if my employer didn’t know I was pregnant when they terminated me? You have two weeks from receiving the notice to inform them. The termination will then be considered invalid.
- What should I do if I believe I have been discriminated against? Gather all relevant documentation and seek legal advice from a trade union, labor chamber, or lawyer.
