Service Finder
Maternity protection: request employment of pregnant or breastfeeding women between 8 p.m. and 10 p.m.
Service Description
By way of derogation from the ban on night work between 8 p.m. and 10 p.m., the supervisory authority may, at the employer's request, authorize a pregnant or breastfeeding woman to be employed between 8 p.m. and 10 p.m..
The procedure facilitates continued employment of the pregnant / nursing woman if this is in the mutual interest of the woman and the employer.
Process flow
Before submitting an application, you must check whether the requirements for employment between 8 p.m. and 10 p.m. are met.
Employment is possible from the time of application.
The prerequisites are that
- the woman has demonstrably given her consent (she can revoke it at any time)
- a medical certificate confirming that employment between 8 p.m. and 10 p.m. is safe is available
- there is no risk from working alone
- the risk assessment proves that there are no irresponsible hazards arising from the activity.
You can submit the application online or by post.
If you wish to submit the application online:
NOTE:Thuringia uses this online service from Hamburg. It is therefore temporarily necessary for you to create a company account on the Hamburg portal until the central account from the federal government "My company account based on Elster" is connected.
- Call up the online service "Notification and applications under the Maternity Protection Act".
- The online service will guide you step by step through the application and request the required evidence.
- The online service will send your application to the Thuringian State Office for Consumer Protection.
- Your application will be checked and you will be notified immediately if any documents are missing.
- Once your application has been checked, you will receive a notification.
If you wish to submit the application by post:
- Describe your request informally
- Enclose the required documents and evidence and send your application to the Thuringian State Office for Consumer Protection.
- The next steps are the same as for the online application.
Approval is deemed to have been granted if the employment of the pregnant or breastfeeding woman is not refused or prohibited within 6 weeks.
The Thuringian State Office for the Protection of Smokers may temporarily prohibit the employment if this is necessary to ensure the protection of the health of the woman or her child, or reject the application.
The supervisory authority can approve the application in accordance with § 28 MuSchG or allow the deemed approval to take effect.
Who should I contact?
Contact your responsible regional inspectorate of the Thuringian State Office for Consumer Protection (TLV) - Department of Occupational Safety and Health.
Requirements
You are an employer and employ a pregnant or breastfeeding woman who you wish to employ between 8.00 p.m. and 10.00 p.m.You must assume that the conditions of § 28 MuSchG are met.
Which documents are required?
- "Application pursuant to Section 28 (1) of the Maternity Protection Act (MuSchG) for the employment of pregnant or breastfeeding women between 8 p.m. and 10 p.m."
- Declaration of willingness by the woman, if the application was not co-signed by her,
- Medical certificate stating that there is nothing to prevent the woman from working between 8 p.m. and 10 p.m,
- Confirmation from the employer that there is no irresponsible risk to the pregnant woman or her child from working alone.
- Documents documenting the result of the risk assessment of the woman's workplace or the specific protective measures taken to avoid irresponsible risks to the pregnant or breastfeeding woman and her child (cf. also § 14 para. 1 MuSchG)
What are the fees?
The decision on the application is subject to a fee. This also applies in the case of the occurrence of the approval fiction.
What deadlines do I have to pay attention to?
The employment of a pregnant or breastfeeding woman between 8 p.m. and 10 p.m. is legal from the time the application is submitted in full, subject to the requirements of Section 28 (1) MuSchG. If you are not prohibited or refused employment within six weeks of receipt of the complete application documents, the fiction of approval applies and the application is deemed to have been approved.
Processing duration
Upon receipt of the application, you will be notified immediately if any documents are incomplete. If the requirements are not met, you will be prohibited from employing the pregnant or breastfeeding woman between 8 p.m. and 10 p.m. within 6 weeks.If this is not done, the complete fictitious approval will take effect after 6 weeks.
Applications / forms
You can appeal against the decision on your application in accordance with the Administrative Court Code (objection, action before the Administrative Court if necessary).
Appeal
Forms: no
Online procedure possible: yes
Written form required: yes
Personal appearance required: no
What else should I know?
A training center may allow a pregnant or breastfeeding woman (pupils and students) to participate in training events until 10 p.m. if the woman expressly declares her willingness to do so, if participation is necessary for training purposes and, in particular, if there is no irresponsible risk of working alone; this must be reported to the Thuringian State Office for Consumer Protection.
The employer must determine all risks and necessary protective measures in a risk assessment irrespective of any specific or known pregnancy before commencing work.
As soon as a woman has informed the employer that she is pregnant or breastfeeding, the employer must immediately define specific protective measures on the basis of this risk assessment. The woman may only continue to be employed if there is no irresponsible risk. The employer must inform the Thuringian State Office for Consumer Protection immediately if a woman employed by him has informed him that she is pregnant or breastfeeding.
The employer must offer the woman a discussion about further adjustments to her working conditions.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian State Office for Consumer Protection
Professionally released on
10.09.2025
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Start your request directly online:
Competent Authority
Thüringer Landesamt für Verbraucherschutz (TLV) - Regionalinspektion Ostthüringen
Address
99947 Bad Langensalza
Remark: serves as postal address
Delivery address
07548 Gera