Two holding hands
Parent & Child
15.05.2025 Ifenna Ekezie 724

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.   

 

WFurther information:

 

zero Vacation for family caregivers: how it works

Old woman in a wheelchair
Age & care
28.06.2024 Gabriele Strasser 17130

Vacation for family caregivers? This is how it works!

Family caregivers can also take leave. Eldercare expert Jürgen Griesbeck explains how.

Always there for others, always ready for action: almost 1.4 million people in Germany care for relatives such as their parents at home. This often leaves little time for relaxation. What many people don't know: The care insurance funds cover the costs of alternative care to a certain extent so that carers can take time out.

Read more in this article:

During vacation: substitute or short-term care

There are various options for alternative care during your vacation:

  • You can organize a private replacement. If the person is not related to the person in need of care, they will receive money from the care insurance for the care they provide.
  • You can hire an outpatient service. In this case, the care insurance fund pays for three visits a day - in the morning, at midday and in the evening.
  • The person in need of care can be cared for in a short-term care home.

Care insurance pays the costs of alternative care in addition to the regular care allowance. Caring relatives therefore do not suffer any financial losses.

Good to know!

Replacement care due to leave can only be applied for if the person in need of care has previously been cared for at home for at least six months. Whether by one person or by different people is irrelevant. This so-called pre-care period does not apply to those in need of care who have care level 4 or 5 at the start of the substitute care and are younger than 25.

In the event of illness: temporary care

The care insurance fund also pays for alternative care if the caregiver is ill. In this case, this is referred to as respite care. Unlike substitute care due to vacation, for which care must be provided for six months beforehand, respite care can be applied for as soon as the carer falls ill. There are two options here: On the one hand, hourly care at home or short-term care in a home.

Who is entitled to the benefits?

People in need of care who have at least care level 2 are entitled to substitute or respite care as well as short-term care. Substitute or respite care can only be applied for by private carers, neighbors or friends, but not by professional carers.

How much is paid?

People in need of care are legally entitled to have their health insurance fund reimburse them for the costs of substitute care and short-term care up to an amount of 1612 euros per calendar year. Replacement care can be claimed for a period of six weeks, which corresponds to 42 calendar days, while short-term care can be claimed for eight weeks, i.e. 56 calendar days. The funds from both pots can be combined: Those who only claim short-term care can also draw on the entire budget for respite care and increase their benefit entitlement to €3,224. Conversely, insured persons who opt for respite care can also use the budget for short-term care - in this case, however, only up to a maximum of 50 percent, which limits the benefit amount to EUR 2,418 per calendar year.

What lead time can be expected?

When planning vacations, it is advisable to think anti-cyclically: the majority of Germans go on vacation during the summer and Christmas vacations. This means that care services and short-term care homes are also limited in their capacities at these times. It is easier to find alternative care outside the vacation periods.

 My tip

"I can only recommend that all family caregivers take this time out, which is funded by the care insurance fund. You can recharge your batteries and take a break from everyday care. Replacement or short-term care is also often an interesting and enriching experience for those in need of care. Short-term care is a particularly good way to get to know what it is like to live in a home for a short time with no obligation."

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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Portrait photo of Laura Rohsius

Laura Rohsius

Consultant Parent & Child, pme Familienservice

As a graduate in education and educational science, Laura Rohsius has in-depth specialist knowledge of all aspects of having children, becoming and being parents, as well as all colorful parenting and family topics. She is also well versed in child protection.