A termination during pregnancy is a deeply stressful experience — and under many circumstances, not legally valid. But what happens if you only discover your pregnancy after the termination notice? A recent decision by Germany’s Federal Labor Court (Bundesarbeitsgericht, BAG) in April 2025 clarified this situation and could affect many working people. In this article, you'll learn:
What the legal framework says about pregnancy-related dismissals
What the 2025 BAG ruling addressed
How some affected individuals have successfully secured severance pay
In Germany, pregnant employees are generally protected from dismissal — from the moment of conception until four months after childbirth, under § 17 of the Maternity Protection Act (MuSchG).
Important:
This protection applies even if the employer wasn’t aware of the pregnancy at the time of termination. In such cases, the pregnancy must typically be reported to the employer within two weeks of receiving the notice.
On April 3, 2025, the Federal Labor Court (case no. 2 AZR 156/24) ruled:
If the pregnancy is only confirmed after the two-week notification deadline, you can still benefit from protection against dismissal — provided there is a valid reason for the delay, such as late medical confirmation.
What this means in practice:
A medical certificate confirming the pregnancy is sufficient — even retroactively
You may still challenge the termination in court, even if the deadline has passed
Employers may be required to reverse the termination — often in exchange for severance pay
This ruling is a milestone for pregnant employees who realized their rights too late.
If you’ve experienced a termination during or shortly after pregnancy, Captain Frank can help you understand your options — without any upfront costs.
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If you’ve been terminated during pregnancy or shortly after, recent legal developments might strengthen your position — even if you found out late. While each case is different, some people have secured severance payments after challenging a dismissal.
Test your severance pay chances now — simple, online and without obligation.