Mutterschutz in Austria: Protection for Pregnant and Breastfeeding Employees in 2026

If you work in Austria and are expecting a baby, the Austrian Maternity Protection Act (Mutterschutzgesetz, MSchG) provides several forms of protection. There is a period when you may not work at all, and your employer may not assign certain types of work to you. This article provides a general overview of the rules applying in 2026.

In brief

• Working is prohibited during the 8 weeks before childbirth and for at least 8 weeks afterwards, even if you want to work.
• After a premature birth, multiple birth or caesarean section, the protection period is at least 12 weeks.
• As a pregnant employee, you generally may not work at night between 20:00 and 06:00, on Sundays or public holidays, or work overtime.
• You may not work more than 9 hours per day or 40 hours per week.
• While breastfeeding, you are entitled to paid breastfeeding breaks upon request.

What is Mutterschutz and who does it cover?

Mutterschutz refers to workplace protection for pregnant employees, women who have recently given birth and breastfeeding employees. The rules primarily place duties on the employer, who must comply with employment prohibitions (Beschäftigungsverbote).

At every workplace employing women, the employer must assess risks that could affect pregnant or breastfeeding employees. This workplace risk assessment (Arbeitsplatzevaluierung) is not required only after an employee announces a pregnancy. If a risk is identified, the employer must take action: introduce different equipment or procedures, transfer the employee to another position or, as a last resort, release the employee from work at the employer’s own expense.

When does the protection period begin and how long does it last?

The absolute employment prohibition around childbirth is called the protection period (Schutzfrist). During this period, you may not work even if you personally want to.

• Before childbirth: 8 weeks, calculated from the date stated in the medical certificate.
• After childbirth in general: 8 weeks.
• After a premature birth, multiple birth or caesarean section: at least 12 weeks.
• If the period before childbirth was shorter: it is extended by the missing time, up to a maximum of 16 weeks.

The 8-week period before childbirth is calculated from the expected date stated in the medical certificate. If the baby arrives earlier or later, the period becomes shorter or longer accordingly.

In the event of a stillbirth, meaning there are no signs of life and the birth weight is at least 500 grams, the protection period is the same as for a live birth: between 8 and 16 weeks.

During the protection period, maternity allowance (Wochengeld) is generally payable. If you remain unable to work after the protection period, you must report this without delay. In that situation, the employer continues paying your wages (Entgeltfortzahlung).

What is “early Mutterschutz”?

If a specialist doctor certifies that continuing to work would endanger your health or life, or that of the baby, employment may be prohibited before the normal 8-week period. This is called an individual employment prohibition (individuelles Beschäftigungsverbot), commonly known as “vorzeitiger” or “frühzeitiger Mutterschutz”. You must provide the certificate to your employer.

What types of work are prohibited?

From the beginning of pregnancy, the following types of work are prohibited, among others:

• lifting and carrying heavy loads;
• work performed mainly while standing;
• work involving exposure to substances harmful to health, radiation, heat, cold or dampness;
• piece-rate work, assembly-line work or work performed at a prescribed pace;
• work on means of transport;
• continuous seated work without the possibility of short breaks;
• work involving a particular risk of accident.

If you do not smoke, you may not be employed in a workplace where you are exposed to tobacco smoke.

For 12 weeks after childbirth and during breastfeeding, work such as heavy lifting, work with harmful substances and performance-related work is also prohibited. In cases of doubt, the labour inspectorate (Arbeitsinspektorat) decides.

Can you work at night, on weekends or overtime?

• Night work: generally prohibited between 20:00 and 06:00.
• Exceptions in certain sectors, such as transport and nursing: work may continue until 22:00, followed by at least 11 hours of rest.
• Theatre artists: work may continue until 24:00.
• Daily working time: no more than 9 hours.
• Weekly working time: no more than 40 hours.

Sunday and public holiday work is generally prohibited, although exceptions may apply in certain sectors, such as hospitality and some cultural fields. After Sunday work, you are entitled to at least 36 consecutive hours of rest during the following calendar week.

What must you report, and what must the employer do?

You must inform your employer about the pregnancy and the expected date of childbirth as soon as you become aware of them. If requested, you must provide a medical certificate. Four weeks before the start of the protection period, you must remind the employer of the approaching start date. You must also report any change to the expected date identified during a medical examination.

The employer reports the pregnancy in writing to the labour inspectorate and gives you a copy. The employer also issues the employment and wage certificates required for maternity allowance.

Breastfeeding while working

When you return to work, you must inform your employer if you are breastfeeding. Upon request, you are entitled to breastfeeding time:

• More than 4.5 hours of daily work: 45 minutes.
• 8 hours or more of daily work: 2 × 45 minutes, or, if there is no suitable opportunity nearby, one 90-minute period.

This time does not reduce your pay, does not have to be made up and may not be counted as part of the statutory breaks.

Frequently asked questions

Can I work during the protection period if I feel well?

No. The protection period before and after childbirth is an absolute prohibition. Your own request does not change this.

What happens if the baby is born early?

The period before childbirth becomes shorter, and the missing time is added to the period after childbirth, up to a maximum of 16 weeks. After a premature birth, the post-birth period is already at least 12 weeks.

Who decides whether disputed work is prohibited?

In cases of doubt, the labour inspectorate (Arbeitsinspektorat) decides.

Practical steps

1. Ask your doctor for the expected date of childbirth and keep any medical certificates.
2. Inform your employer about the pregnancy and expected date of childbirth as soon as possible.
3. Provide a medical certificate if your employer requests one.
4. Discuss the workplace risk assessment (Arbeitsplatzevaluierung) and any required change of duties, equipment or work procedures.
5. Remind your employer four weeks before the protection period begins, and report any change to the expected date.
6. If a doctor orders an individual employment prohibition, submit the certificate to your employer.
7. When returning to work, inform your employer if you are breastfeeding and request the applicable paid breastfeeding time.
8. If you believe prohibited work is being assigned, contact the labour inspectorate (Arbeitsinspektorat).

This article is based on information available online and is not legal, medical or other professional advice. Use it at your own risk. For specific guidance, contact a lawyer, legal professional, healthcare professional, labour-law or employment specialist, or another relevant professional.

Source: oesterreich.gv.at