Two holding hands
Parent & Child

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.

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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zero Spouses' emergency representation law: What you need to know!

Spouses' right of emergency representation
Age & care

Spouses' emergency representation law: What you need to know!

If a person was no longer able to make decisions about their own health due to an accident or serious illness, this often came as a nasty surprise for their spouse or partner.

Contrary to what they often thought, life partners were not automatically entitled to make decisions for their partner. The emergency spouse representation law gives spouses and civil partners the opportunity to make decisions in emergency medical situations, for example regarding medical examinations or treatments. 

In this article you will learn

  • When does the spouse's right of emergency representation apply and what options does it offer?
  • In which areas spouses will be able to make decisions in emergencies in future.
  • What limits the spouse's right of emergency representation has.
  • Why individual provision is still important.

When does the emergency spouse representation law apply and what does it include?

The "Right of emergency representation between spouses in health matters" comes into force in January 2023 .

According to this regulation, spouses can represent each other in emergency medical situations even without a living will or power of attorney and take over the healthcare of their partner who is unable to make decisions. However, this right only applies for a maximum of six months. 

If the condition has not improved after this, a legal guardian can be appointed by the guardianship court. Relatives, volunteers or full-time caregivers are usually considered for this.

In which areas will spouses be able to make decisions in future?

They can make decisions about treatments and examinations as well as decisions relating to property law that are directly connected to this (e.g. concluding treatment and care contracts). 

What are the limits of the spouse's right of emergency representation?

The new regulation expressly refers only to emergencies.

For example, spouses are only authorized to act once a doctor has confirmed their partner's incapacity in writing. In addition, the right of emergency representation only applies in direct connection with health care - but not for residential matters or the care of property.

Is the right of emergency representation mandatory?

No, it does not apply if it is contrary to the wishes of the patient. It does not apply if the patient has previously authorized another person in a health care proxy or has expressed a different will.

It also does not apply to spouses who are separated. 

What is recommended for comprehensive prevention? 

The spouse's right of emergency representation can be a great relief in acute situations. However, it does not replace the tried and tested precautionary options such as a health care proxy and living will.

On the one hand, these are not limited in time, and on the other hand, they offer considerably more freedom of design because they allow very individual arrangements for a wide variety of areas. 

An overview of spousal emergency representation law: 5 key points 

  • The emergency representation law comes into force in January 2023.
  • Spouses and registered partners can represent each other in healthcare matters.
  • The right of representation is only valid for a maximum of 6 months. 
  • A doctor must have confirmed the partner's legal incapacity.
  • Living wills and health care proxies are still recommended for comprehensive provision.
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Learn more about pme Familienservice

 

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