A miscarriage is an emotionally stressful experience for many women. Until now, those affected in Germany often lacked legal protection and space to recover. But now there’s an important change: The Maternity Protection Act has been amended and will now also strengthen the rights of women who suffer a miscarriage after the 12th week of pregnancy.
In this article, you will learn everything you need to know about the new regulations and what they mean for the women affected.
What has changed in the Maternity Protection Act?
Until now, women were not entitled to maternity protection after a miscarriage – regardless of the week of pregnancy in which the loss occurred. This is now changing with the latest legal reform, which comes into force on June 1, 2025.
The most important changes at a glance:
- Maternity protection after a miscarriage from the 13th week of pregnancy.
From the 13th week of pregnancy, affected women are now entitled to maternity protection. The duration varies depending on the progress of the pregnancy :- 13th to 16th week: 2 weeks maternity leave
- 17th to 19th week: 6 weeks maternity leave
- from the 20th week: 8 weeks maternity leave
- No obligation to report incapacity for work.
Maternity protection takes effect automatically, without the need for a medical certificate of incapacity for work. Women affected by this protection are not permitted to work during the protection period unless they expressly request it. - The aim of the reform:
The new regulation is intended to give women sufficient time to heal both physically and mentally. They should not feel forced to return to work immediately after a miscarriage.
Why is this change so important?
A miscarriage is not only a physical challenge, but also emotionally stressful. Many women report feelings of grief, failure, and emptiness. The lack of legal protection has often resulted in women having to return to work just a few days after the loss – often without having enough time to recover.
The change in the law finally recognizes that miscarriage is more than just a medical event. For many women and families, it represents a real loss that requires time to process.
The main advantages of the new regulation:
- Affected women are given more space to recover.
- Employers must respect maternity protection and cannot force affected women to work.
- Social recognition of miscarriages as an emotionally stressful event is growing.
Extended protection against dismissal after a miscarriage
In addition to the new entitlement to maternity protection, there is another important change in the Maternity Protection Act: extended protection against dismissal for women after a miscarriage.
What does that mean specifically?
- Women who suffer a miscarriage from the 13th week of pregnancy will receive special protection against dismissal from 1 June 2025 .
- This protection against dismissal applies four months after the miscarriage – analogous to the protection after a normal birth .
- During this period, your employer may not terminate your employment unless there is express permission from the relevant supervisory authority.
This arrangement not only offers you, as the affected person, time for physical and mental recovery, but also security at work – without the worry of losing your job during this difficult period.
What does this mean for you as a person affected?
If you suffer a miscarriage, these new regulations will apply to you starting June 1, 2025. Your employer is obligated to provide you with the statutory maternity protection. You can stay home and recover during this time – without having to provide a doctor’s certificate or sick note.
If you decide you want to return to work earlier, you can of course do so. The important thing is that this decision is your own and not imposed on you by your employer.
How did the change in the law come about?
The reform of the Maternity Protection Act is the result of years of commitment. It was initiated by a petition by author Natascha Sagorski, who became aware of the legal loophole after her own miscarriage. Her petition garnered over 100,000 signatures and was ultimately heard in the Bundestag.
On January 30, 2025, the Bundestag unanimously passed the amendment to the Maternity Protection Act – a great success for all those affected and supporters of the petition.
Support for affected women
In addition to statutory maternity protection, there are also many support services available to women after a miscarriage. If you are affected yourself or know someone who needs help, the following services may be helpful:
- Psychological counseling: Many clinics and psychologists offer special grief counseling.
- Self-help groups: Exchanging ideas with other affected people can help you process the loss.
- Online communities: There are numerous forums and groups on the Internet where those affected can find support.
A step in the right direction
The new regulation in the Maternity Protection Act represents a long-overdue step. Women receive the protection and recovery time they need after a miscarriage – without complicated applications or bureaucratic hurdles.
This change shows that the issue of miscarriage is finally being taken more seriously, and affected women are no longer left in the lurch.
