Termination During Pregnancy: New 2025 Federal Labor Court Ruling Strengthens Your Rights

A termination during pregnancy is a nightmare — and usually illegal. But what if you only find out about your pregnancy after the termination? A recent ruling by the Federal Labor Court (Bundesarbeitsgericht, BAG) in April 2025 brings clarity and strengthens your rights. In this article, you will learn:

  • What legal protections pregnant employees have

  • What the new BAG ruling means

  • How you can still secure severance pay despite missing deadlines

1. Termination During Pregnancy: Legal Protection Applies

In Germany, pregnant employees enjoy special protection against dismissal: From the moment of conception until four months after giving birth, your employer generally cannot terminate your employment (§ 17 Maternity Protection Act).

Important:
Even if your employer doesn’t know about your pregnancy, you are protected — provided you inform your employer within two weeks after receiving the termination notice.

2. BAG Ruling from April 2025: Protection Even with Late Notification

On April 3, 2025, the Federal Labor Court (case no. 2 AZR 156/24) ruled:
If the pregnancy is only medically confirmed after the two-week deadline, you can still assert your protection against dismissal.

What this means in practice:

  • A medical certificate is sufficient — even retroactively

  • You can file a lawsuit even if the termination seems legally final

  • Employers must withdraw the termination — often in exchange for severance pay

This ruling is a milestone for pregnant employees who realized their rights too late.

3. Your Options with Captain Frank

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Conclusion

If you are pregnant (or were) and have received a termination notice, don’t hesitate. Even if you missed the notification deadline, you can assert your rights under the new 2025 BAG ruling — and potentially receive severance pay.

Test your severance pay chances now — simple, online and without obligation.

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