Starting June 1, 2025, a landmark change in Germany's Maternity Protection Act (Mutterschutzgesetz) ensures that women who suffer miscarriages after the 13th week of pregnancy are now entitled to maternity leave. This long-awaited reform addresses a significant gap in the legal and social support framework for women during one of the most emotionally and physically challenging periods of life.
For women, this new law represents a critical advancement in reproductive rights and labor protection. It ensures that grief, trauma, and health challenges are met with compassion and practical support.
Previously, women who experienced a miscarriage before the 24th week of pregnancy had no access to maternity leave or benefits. These losses were medically classified as miscarriages rather than stillbirths, meaning affected women were left to rely on sick leave. Unlike maternity leave, sick leave doesn’t offer full pay protection or guaranteed time off.
This lack of support has now been addressed. The new regulation recognizes that women need physical recovery time and emotional relief following a miscarriage, especially as most occur during the early to mid-second trimester.
Under the updated law, maternity leave after miscarriage is now granted based on the gestational age at the time of pregnancy loss:
For miscarriages before the 13th week, there is still no entitlement to maternity leave. However, affected women can take sick leave if certified by a doctor. Importantly, maternity leave is optional, a woman can choose to continue working, but she must notify her employer that she does not wish to use the protection period.
The extended maternity protection applies to:
Self-employed women with private health insurance, however, are currently excluded. The government has acknowledged this gap and discussions are ongoing to include this group in the future. According to Germany’s Federal Ministry for Family Affairs, around 6,000 miscarriages occur annually between the 13th and 24th week, the range now covered by the new maternity leave law. The majority of miscarriages, however, approximately 84,000 per year, still occur before the 13th week and remain outside this protection.
Women who wish to take advantage of this new protection must notify their employer about the miscarriage. If the employer requests it, they must provide proof. If the woman chooses not to report the miscarriage, she is obligated to continue working unless she qualifies for paid sick leave, provided a doctor deems her unfit for work.
Karin Prien, Germany’s Federal Minister for Education, Family, Senior Citizens, Women and Youth, called the revised maternity protection law an “important achievement.” She acknowledged the difficult emotional and physical toll that miscarriages place on women, adding: “The new regulation offers affected women more protection and respite while simultaneously strengthening their self-determination.”
The reform was driven in part by public advocacy. A petition by author Natascha Sagorski, who spoke openly about her personal miscarriage experience, helped catalyze political momentum and public awareness.
Germany’s updated Maternity Protection Act is a major milestone in addressing the overlooked realities of miscarriage. It provides dignity, time, and support to thousands of women each year and reflects a growing societal awareness around reproductive health and workplace well-being.
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