Revised Maternity Protection Law to Include Miscarriages
The German Bundestag is set to approve a significant revision to maternity protection laws that will extend benefits to women experiencing miscarriages. This proposed legislation, which has garnered support from the CDU/CSU, Greens, and SPD parties, aims to provide protections for women who suffer a miscarriage after the 13th week of pregnancy.
Currently, under existing laws, maternity protection is only applicable to women who give birth after the 24th week of pregnancy. Women facing miscarriages before this threshold must rely on obtaining a medical certificate to take sick leave and recuperate from their loss. This gap in the law has been a point of concern, as miscarriages can be emotionally and physically taxing experiences.
The new law proposes a tiered maternity protection system based on the stage of pregnancy at which a miscarriage occurs. Women experiencing a miscarriage after the 13th week will be entitled to two weeks of maternity leave. If the miscarriage occurs after the 17th week, this period extends to six weeks, and for those miscarrying after the 20th week, the protection period will increase to eight weeks. Additionally, maternity benefits will also be extended to cover these cases.
This change is considered a crucial advancement in women's rights, as it ensures that those who experience such a traumatic event will have the necessary time to grieve and recover without the added pressure of work obligations. Silvia Breher, a family policy spokesperson for the Union, emphasized the importance of creating a supportive environment for women dealing with stillbirths or miscarriages.
Furthermore, the new regulations will apply to self-employed women who are covered by statutory health insurance, which accounts for approximately 75-80% of self-employed women in Germany. However, those who are privately insured will not benefit from this legislation unless a subsequent amendment is made to address their situation.
Women will not be required to take maternity leave if they choose to continue working after a miscarriage, thus preserving their autonomy in this sensitive situation. Family Minister Lisa Paus highlighted that the law is designed to empower women by giving them control over their decisions following a miscarriage.
Once the Bundestag passes the legislation, it is scheduled to take effect on June 1 of this year, without needing approval from the Bundesrat. It remains unclear how many women will benefit from these new provisions, as there are currently no official statistics on the number of women who have taken maternity leave due to miscarriages.
Experts estimate that approximately one in three women in Germany may experience a miscarriage, with around 90,000 miscarriages occurring annually. Of these, around 6,000 happen between the 13th and 24th weeks of pregnancy, underscoring the need for protective measures in these circumstances.
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