In addition to the special protection against dismissal for disabled employees, there is also special protection for parents during parental leave. In the case presented here, a disabled employee was dismissed while on parental leave.
It is questionable whether maternity protection in the case of fertilization outside the body (in vitro fertilization) applies from the moment the fertilized egg is implanted (so-called embryo transfer) or only after its successful implantation (nidation).
German labor law provides various special protection laws against dismissal for employees in Germany. These laws are designed to protect particularly vulnerable employees, such as disabled individuals, from the adverse effects of termination. The Maternity Protection Act, which is addressed in this decision, serves to protect expectant mothers.
Due to the legal and factual conditions of employment relationships, German labor law provides various special termination protection laws designed to protect employees from dismissal in certain situations.
