Case 1
- Expected date of delivery
- 20759
- Actual date of birth
- 20757
- Eight or twelve weeks after?
- Eight weeks (standard case)
- Which edge do you want?
- Last day of the protection period
- Counting from which day?
- 20758
57
Open with these valuesGerman Maternity Protection Period
56days
Result: 56 daysUnder § 3 MuSchG the period starts 42 days before the expected date of delivery and ends eight weeks after the birth, twelve for a premature or multiple birth. An early birth carries the lost days over to the end. Insurer and employer do the binding calculation.
Worked examples
Case 2
- Expected date of delivery
- 20759
- Actual date of birth
- 20759
- Eight or twelve weeks after?
- Eight weeks (standard case)
- Which edge do you want?
- Start of the protection period
- Counting from which day?
- 20697
20
Open with these valuesCase 3
- Expected date of delivery
- 20666
- Actual date of birth
- 20666
- Eight or twelve weeks after?
- Twelve weeks (premature, multiple)
- Which edge do you want?
- Last day of the protection period
- Counting from which day?
- 20666
84
Open with these valuesHow it's calculated
start = due date − 42 days; end = birth + 56 or 84 days + the lost run-up days
- StepFor the start, count 42 days back from the expected date of delivery; the day of birth plays no part in it.
- StepFor the end, add 56 days to the day of birth, or 84 for a premature or multiple birth.
- StepIf the child arrived before the due date, add the run-up days lost that way, at most 42.
- StepSubtract the reference day. A negative answer means that edge is already that many days behind you.
- ResultWhile the child is not yet born, enter the expected date in the date-of-birth field too.
What this number means
§ 3 of the German Maternity Protection Act sets two periods and a bridge between them. The one before birth starts six weeks — 42 calendar days — ahead of the expected date of delivery as certified by a doctor or a midwife, and the day of birth itself is not counted in that reckoning. It ends when the child arrives, whenever that is. The one after birth runs eight weeks from the day of birth, or twelve for a premature or multiple birth. Twelve also applies where a disability is medically established in the child, but only if the woman applies for it. The bridge is the sentence most people miss: if the child comes before the due date, the period after birth is extended by exactly the days lost from the period before. It can never gain more than 42, because the earlier period never had more than that. If the child comes late, the period before birth simply runs on to the actual delivery, and the eight weeks after stay eight weeks. What is not modelled here: stillbirth, the death of the child and miscarriage fall under separate subsections with their own periods. Nor is the express declaration with which a woman may keep working during the six weeks before the birth. And the sentence that matters most: your health insurer and your employer do the binding calculation. This page reproduces it.
Bei vorzeitiger Entbindung verlängert sich die Schutzfrist nach der Entbindung nach Satz 1 oder nach Satz 2 um den Zeitraum der Verkürzung der Schutzfrist vor der Entbindung nach Absatz 1 Satz 4.
Insurer and employer are the binding authority
This page reproduces § 3 MuSchG and replaces no official statement. The medical certificate and the calculation by insurer and employer are what count.
Three cases this page does not cover
Stillbirth, the death of the child and miscarriage have their own subsections in § 3 with different periods. Anyone affected will get a wrong answer here.
The version this rests on
Maternity Protection Act of 23 May 2017, last amended by Article 13 of the Act of 22 December 2025. Checked on 2026-08-28.
Negative numbers are information
If the edge you asked about is behind you, the answer is a negative number rather than a zero. That is how many days ago it was.
Commonly misread
An early birth forfeits the weeks you missed.
They move to the other end. The period after birth is extended by exactly the days lost before it.
A late birth shortens the period afterwards.
It does not; the eight weeks after delivery are untouched. What lengthens is the period before, because it runs on to the actual birth.
A very early birth adds an unlimited number of days.
The carry-over is capped at 42 days, because the period before birth was never longer than six weeks. A calculator without that cap overstates it.
The last day of the period is the first day back at work.
The calculator names the last day of the employment ban. The earliest day back at work is the one after it.
Reference table
| Case | Starts | Last day | Length |
|---|---|---|---|
| Birth on the due date, eight weeks | due − 42 | birth + 56 | 98 days |
| Birth on the due date, twelve weeks | due − 42 | birth + 84 | 126 days |
| Due 2 Nov, born 31 Oct | 21 Sep | 28 Dec | 99 days |
| Due 1 Nov, born 4 Nov | 20 Sep | 30 Dec | 102 days |
Questions
When does German maternity protection start?
42 calendar days before the expected date of delivery certified by a doctor or midwife. The day of birth itself is not counted in that backward reckoning.
How long does it last after the birth?
Eight weeks from the day of birth. Twelve for a premature or multiple birth, and twelve on application where a disability is medically established in the child.
What happens if the baby arrives early?
The period after birth is extended by the days the earlier period lost. At most 42, since it never held more than that.
And if the baby arrives late?
The period before birth simply runs on until the actual delivery. The eight or twelve weeks afterwards are unaffected.
Does this cover miscarriage or stillbirth?
No. § 3 handles stillbirth, the death of the child and miscarriage in separate subsections with different periods, none of which is modelled here.
Is this a binding calculation?
No, and it is not legal advice either. Your health insurer and employer make the binding calculation; this page only reproduces what § 3 MuSchG says.
Sources and last check
Information, not professional advice.