New periods of protection after a miscarriage - Adjustments to the Maternity Protection Act
New maternity protection periods in the event of a miscarriage have been applicable since 1.6.2025. Previously, expectant mothers who suffered a miscarriage before the 24th week of pregnancy were not entitled to any maternity leave. Under the new rules, women will have such an entitlement already from the 13th week of pregnancy.
Definition of the term “delivery”
Section 2(6) of the Maternity Protection Act (Mutterschutzgesetz, MuSchG) now defines what is understood by the term ‘delivery’. The purpose of this provision is to provide clarity because, up to now, the Maternity Protection Act did not contain a definition of delivery. A delivery is understood to mean both a live birth as well as a stillbirth. Furthermore, Section 2(6) MuSchG specifies that all the provisions regarding delivery shall apply by analogy in the event of a miscarriage from the 13th week of pregnancy.
Staggered maternity protection periods
The introduction of new maternity protection periods means that women will now no longer rely on being put on sick leave and will be entitled to take time out to recover after a miscarriage. In the draft Act to Amend the MuSchG, it was already stated that, as of the 13th week, a pregnancy can in principle be regarded as being “safe”. The further a pregnancy progresses, the stronger becomes the bond to the unborn child. Miscarriages from this point in time can be not just physically stressful, so that women need to be given time to recuperate.
Under Section 3(5) MuSchG, in the case of a miscarriage as of the 13th week of pregnancy, women are now entitled to two weeks of paid maternity leave. As of the 17th week of pregnancy, the entitlement goes up to six weeks and, as of the 20th week of pregnancy, to eight weeks of paid maternity leave.
However, women may also expressly declare their willingness to work. Employers may then continue to engage them without observing the protection periods. The declaration to continue working despite a miscarriage can be revoked at any time with effect for the future (Section 3(5) sentence 2 MuSchG).
Documentary evidence
If a woman wishes to make use of the protection periods, then she has to inform her employer about the miscarriage. There is a new rule in Section 9(6) MuSchG that states that employers may request documentary evidence of the miscarriage. Documentary evidence can be provided via a medical certificate where all the requisite information is specified for the employer.
Reimbursement of costs in the pay-as-you-go system
If, following a miscarriage, women make use of the protection periods then, during this time, the employers pay them a so-called maternity leave allowance (Mutterschaftsgeld). Employers are able to have their costs reimbursed in full via the U2 pay-as-you-go system.
Freedom of choice for women
The introduction of new maternity protection periods means that, following a miscarriage, women will be given time to recover from the mental and physical stress. Furthermore, the entitlement to maternity benefits means that they do not have to worry about financial matters. During these periods, employers will not be under pressure because they will be fully reimbursed for the maternity leave benefits that they pay out.
