New Regulations for Maternity Leave: Protection After Miscarriages Begins June 1

Starting June 1, a significant change to the maternity protection regulations in Germany allows women who experience miscarriages after the 13th week of pregnancy to qualify for maternity leave. This adjustment addresses a crucial gap in support for women facing the emotional and physical challenges of miscarriage.

Under the existing Maternity Protection Act, protections are primarily focused on the period surrounding childbirth, generally beginning six weeks before delivery and extending eight weeks postpartum. During this time, women are not expected to work and are entitled to maternity benefits that replace their full pre-pregnancy salary.

Previously, miscarriages were classified medically as the loss of a pregnancy before the 24th week, and women who faced such losses had no access to maternity leave or benefits. They were left to rely on sick leave, which did not provide the same protections and financial support.

The new legislation introduces a tiered system of maternity leave based on the gestational age at which the miscarriage occurs. If a miscarriage occurs after the 13th week, women are entitled to two weeks of maternity leave. Should the miscarriage occur after the 17th week, this extends to six weeks. In cases where the miscarriage takes place after the 20th week, women can take eight weeks of leave with financial compensation during this period. However, for miscarriages that happen before the 13th week, no maternity leave is provided.

It's important to note that participation in this maternity leave is not mandatory. Women who wish to continue working despite their loss can opt out of the leave, provided they express their intention clearly.

The new regulations also extend to self-employed women who are covered by statutory health insurance. This includes female soldiers and civil servants, who will likewise be eligible for maternity leave following a miscarriage after the 13th week. However, self-employed individuals with private health insurance do not qualify under this new rule. There are ongoing discussions within the government to potentially expand these benefits to include privately insured self-employed women in the future.

While the specific number of women who will benefit from this new provision remains unclear, the Family Ministry has highlighted that there are no official statistics on the number of women who have utilized maternity leave or those who experience miscarriages. Experts estimate that approximately one in three women in Germany will face a miscarriage during their lifetime. Research from the Fraunhofer Institute for Applied Information Technology suggests that around 90,000 pregnancies end in miscarriage each year, with about 6,000 of these occurring between the 13th and 24th weeks of pregnancy.

This legislative change is a progressive step aimed at providing better support to women during a challenging time and recognizing the emotional impact of miscarriage. It reflects a growing understanding of women's health issues and the need for appropriate workplace protections.