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.   

 

WFurther information:

 

zero Applying for a care degree: what you need to know

Age & care

Applying for a care degree: what you need to know

Anyone applying for a care degree should be well prepared for the visit from the Medical Service of the health insurance funds. 

People in need of long-term care are entitled to benefits from long-term care insurance. In order to receive these benefits, the person in need of care (or a relative) must submit an application to their long-term care insurance - a department of their health insurance company. If a need for care is established, the benefits are paid retroactively up to the date of application. It is therefore important to submit the application as soon as possible.

The long-term care insurance then commissions the Medical Service of the Health Insurance Funds (MDK) to draw up an expert opinion on the extent of the need for long-term care. For this purpose, an assessor visits the person in need of care.

The right preparation for a visit from the medical service

A great deal depends on this visit, as the MDK's report is the basis for the care insurance company's decision on whether and what benefits the person in need of care will receive. Relatives and patients should prepare well for this appointment (which must be announced well in advance). For example, it is advisable to keep a care diary for several days in which all care activities that are relevant for the care insurance are noted. It also makes sense to talk to the patient in advance about their need for help in everyday life. Particularly important: Even if patients understandably want to present themselves in a good light, they should clearly demonstrate their need for help at the assessment appointment and not gloss over the situation in any way.

You should have these documents ready

  • Reports from the family doctor, specialists or the discharge report from the hospital, if available. 
  • Current medication plan.
  • If a care service comes, care documentation.
  • Care diary, in which you note down in advance all care activities that are relevant for care insurance.

Compensation possible in the event of delay

The long-term care insurance funds are bound by a deadline when processing applications. A maximum of 25 working days may elapse between the MDK's visit and the decision. If it takes longer, people in need of care or their relatives can claim compensation of 70 euros per week or part thereof. However, this regulation does not apply if the person in need of care lives in a care home and already has at least care level two. Or has no care level been approved at all? In such cases, people in need of care and their relatives can lodge an appeal against the decision. If this is also unsuccessful, there is always the option of going to the social court.

Appeal against the MDK's decision - how to do it

If the Medical Service rejects the application for a care degree, or if the classification is lower than expected, you can lodge an appeal within 28 calendar days. You can also lodge several appeals. If the appeal is rejected twice, the social court will decide.

  • Ask for a reason for the rejection and use this to formulate your objection.
  • The long-term care insurance fund examines the appeal and sends an expert again.
  • If the new assessment is positive, you will receive benefits from long-term care insurance retroactively from the date of the first application.
  • If you are not yet in need of care to the extent that a care degree is approved, you can submit a new application after a certain period of time.
  • You can also submit a new application for long-term care insurance benefits if your state of health changes significantly.


"A lot depends on the visit from the medical service. We recommend that people in need of care and their relatives prepare well for this appointment."

Jürgen Griesbeck, Product Manager Homecare-Eldercare, pme Familienservice Group

 

 
 
 

pme Familienservice Group - Your EAP provider since 1991

On behalf of more than 900 employers, the pme Familienservice Group supports employees in achieving a successful work-life balance and being able to work with a clear head.
The pme Familienservice Group supports employees in crises, e.g. conflicts at work, addiction or partnership problems. With a homecare eldercare service, it relieves the burden on professionals in organizing and financing care services and offers psychosocial support. The pme Academy offers seminars, workshops and coaching on the topics of personnel management and development.
You can find out more about the pme Familienservice Group here: www.familienservice.de/wer-wir-sind

 

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