Dismissal Protection During Pregnancy and After Birth in Austria: What to Know in 2026

In Austria, pregnant employees and employees who have recently given birth receive strong protection under employment law. Under the Mutterschutzgesetz (MSchG), an employer may terminate the employment relationship only under strict conditions.

This guide explains how long the protection lasts, what deadlines apply, and what happens with fixed-term contracts, mutual termination and an employee’s own resignation.

Who is protected and for how long?

During the protected periods, an employer’s dismissal is generally not legally effective.

• Pregnancy: throughout the entire pregnancy.
• After birth: until the end of the four months following the birth.
• After miscarriage: until the end of the four weeks following the miscarriage.

Separate detailed rules apply to dismissal and termination protection during Elternkarenz and Elternteilzeit.

What if the pregnancy is discovered after dismissal?

The protection can still apply if the employer has already announced the dismissal, provided that the pregnancy is reported within the applicable deadline.

• Oral dismissal: you have five working days from the announcement of the dismissal.
• Written dismissal: you have five working days from delivery of the dismissal.

At the same time as notifying the employer, you must provide medical confirmation of the pregnancy or suspected pregnancy. Birth must be proven with the child’s birth certificate (Geburtsurkunde). If you notify the employer in writing, the date on the postal stamp counts.

Late notification may be accepted if there was a serious obstacle, for example because you did not yet know about the pregnancy when dismissed. In that case, you must notify the employer immediately after the obstacle ends.

When can an employer dismiss someone despite the protection?

During the protected period, a dismissal is valid only if the employer has first obtained the consent of the Arbeits- und Sozialgericht. The court may give consent in two situations:

• continued employment would not be possible without damage because the business or parts of it are being reduced or closed; or
• the employee agrees to the dismissal at the hearing after receiving legal information.

If the business has been permanently closed (Stilllegung des Betriebes), court consent is not required.

Immediate dismissal during the protected period

As a general rule, court consent is also required for immediate dismissal (Entlassung) during pregnancy, the four months following birth and the four weeks following miscarriage.

Prior consent is required, for example, in cases of serious culpable breach of duty, such as an extended unjustified absence; disloyalty; accepting an unauthorised benefit from a third party; disclosing business secrets; or operating an unauthorised side business that harms the employer.

Subsequent consent may be sufficient in cases involving physical assault, serious defamation or certain criminal offences. These include an intentional criminal offence carrying a penalty of more than one year’s imprisonment, or an offence committed with the intention of obtaining financial gain. In such cases, the immediate dismissal may be announced before consent is obtained, but it has no effect if the court rejects the employer’s claim.

When assessing certain grounds, the court also takes into account the exceptional emotional state of the mother or expectant mother.

Fixed-term employment contracts during pregnancy

With a fixed-term contract, the end of the employment relationship is suspended and extended during pregnancy. This applies from notification of the pregnancy until the start of the protection period around birth (Schutzfrist) or until the start of a permanent individual employment ban.

Exception: the contract still ends during pregnancy if the fixed term is required by law or is objectively justified. This is particularly the case where the fixed-term contract was concluded:

• in the employee’s interest;
• to replace another employee who is unavailable;
• for training purposes;
• for seasonal work; or
• on a probationary basis where the required qualification requires a longer probationary period than provided by law or a collective agreement.

Mutual termination and voluntary resignation

A mutual termination (einvernehmliche Auflösung) is valid during the protected period only in writing. A minor employee must also have confirmation that she was informed about dismissal protection. This confirmation is issued by the Arbeits- und Sozialgericht or the competent employee chamber (Arbeiterkammer).

If you resign after birth during the protected period for reasons connected with motherhood (Mutterschaftsaustritt), the amount of severance pay (Abfertigung) depends on the applicable system:

• Abfertigung ALT: after at least five years of uninterrupted employment, excluding the period of Karenz, you may receive half of the statutory severance pay, up to three months’ salary.
• Abfertigung NEU: after at least three contribution years, you may receive the full amount accumulated at the company pension fund (Betriebliche Vorsorgekasse), including interest.

Under the ALT system, the calculation is based on the salary from the last working month before Karenz. Under the NEU system, if three contribution years have not yet been completed, payment is simply postponed and the accumulated amount remains. Different collective-agreement rules must also be taken into account.

Frequently asked questions

Can my employer dismiss me if I have not yet reported the pregnancy?

The dismissal may be announced, but the protection applies if you notify the employer within five working days and provide medical confirmation. If you did not yet know about the pregnancy, you must notify the employer immediately after that obstacle ends.

What happens after a miscarriage?

You have dismissal and immediate-dismissal protection until the end of the four weeks following the miscarriage.

Can a fixed-term contract end during pregnancy?

As a general rule, the end date is extended until the beginning of the protected period. An exception applies where the fixed term is required by law or based on an objectively justified reason, such as replacement work, seasonal work or training.

Can employment end by mutual agreement during the protected period?

Yes, but only in writing. For minor employees, confirmation that they were informed about dismissal protection is also required.

Practical steps

1. Record the exact date and form of any dismissal, whether oral or written.
2. If the pregnancy becomes known after dismissal, notify the employer within five working days.
3. Provide the medical confirmation at the same time as the notification.
4. Keep copies of all letters, medical documents and postal receipts.
5. Before signing a mutual termination or resigning, check the consequences with the Arbeiterkammer, the Arbeits- und Sozialgericht or a legal professional.
6. If you leave employment and look for work, you may need to notify the AMS.

This article is based on information from oesterreich.gv.at and is not legal, medical or employment advice. For individual guidance, consult a lawyer, legal professional, healthcare professional, employment-law specialist or another relevant adviser.