Maternity protection in the event of miscarriage: a new path for affected women
From June 1, 2025, a significant change in the law will come into force that will significantly improve maternity protection for women who suffer a miscarriage.
Women who suffer a miscarriage from the 13th week of pregnancy are also entitled to maternity leave from June. The new regulations offer staggered periods of protection and financial support to give affected women the time they need to recover and raise awareness of the emotional and physical strain of miscarriage.
Text: Laura Rohsius, Parent & Child Consultant at pme Familienservice.
Maternity protection for miscarriages
New legal regulations on maternity protection in the event of a miscarriage
Until now, maternity protection only applied to miscarriages after the 24th week of pregnancy. From June 1, 2025, women who suffer a miscarriage from the 13th week of pregnancy will also be legally entitled to maternity protection.
The duration of maternity leave depends on the course of the pregnancy in the event of miscarriage and is staggered:
- from the 13th week up to two weeks maternity leave
- from the 17th week up to six weeks maternity leave
- from the 20th week up to eight weeks maternity leave
What is the significance of the new maternity protection regulations in the event of a miscarriage?
These new regulations on maternity protection in the event of a miscarriage close a previous gap in the Maternity Protection Act and recognize the physical and psychological stress associated with a miscarriage.
The introduction of staggered protection periods is an important step towards giving affected women the time they need to recover. During the protection periods, employers are not allowed to employ the women concerned unless they expressly declare their willingness to work.
Women are also entitled to maternity benefit during this period, which provides financial relief.
These regulations should also help to raise awareness in the world of work of the emotional, physical and psychological challenges associated with miscarriages.
Tips for employers: be sensitive when dealing with affected employees
1. respect privacy: Respect the boundaries of the employee concerned and give her control over the conversation. Think about which details really need to be asked.
2. safe framework: Encourage the employee to share their situation without putting pressure on them. Create a safe atmosphere in which emotions are okay and you allow time for stories and sympathy.
3 Avoid empty phrases: Phrases such as "It'll be okay" or "It had its reasons" can be hurtful. Instead, you can simply listen and show understanding.
4. inform about new regulations: Make sure that all employees are informed about the new maternity protection regulations so that they know what rights and support they are entitled to.
5. offer flexibility: Depending on the workplace, discuss the possibility of flexible working hours or working from home to make it easier for the women concerned to return to work.
6. provide resources: Provide information about counseling services (e.g., pme Familienservice) and support groups that can offer support. This shows that the company cares about the well-being of its employees.
Through these measures, HR staff can help affected employees to feel supported and understood, which not only promotes their recovery, but also improves the working atmosphere.
Maternity protection, child benefit & co.: the pme parent advice service
Our parent counselors support parents in all matters from pregnancy to the child's adulthood.
Personal and confidential: We are there for you online, by phone and on site. You can find more information on the pme parent counseling page.
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