On 30 September 2016 the Regional Employment Law Court of Berlin and Brandenburg ruled that an employee has the right to claim maternity pay even though she has not yet started to work in her employment relationship. Pursuant to Sec. 11 of the German Maternity Protection Act, a pregnant woman is entitled to claim her regular remuneration if her medical doctor imposes an employment ban due to her pregnancy. In the relevant judgment, the court decided that the employee may claim such remuneration from the employer, even though she had not yet started working for the employer. The German Maternity Protection Act does not regulate the necessity of a specific length of service before claiming such rights. Please note however, that the amounts to be paid by the employer can be reimbursed by an apportionment procedure (Umlageverfahren U2) from the health insurance of the employee.
Germany