On January 30, 2025, the German Bundestag passed a landmark law extending maternity leave protection to women who suffer a miscarriage after the 13th week of pregnancy.
The new regulation aims to support impacted employees during a crucial period of physical and emotional recovery. If approved by the Bundesrat on February 14, the law is expected to take effect on June 1, 2025.
Maternity Leave for Miscarriage in Germany: What Has Changed?
Previously, under German law, women were entitled to paid maternity leave starting six weeks before birth and continuing for eight weeks after. However, these protections did not apply in cases of miscarriage. Women who miscarried before the 24th week had to actively apply for medical leave, which was not always guaranteed.
With the new regulation, women who miscarry after the 13th week will be entitled to maternity leave. This provides them with a legally protected period of recovery without the need for additional medical leave applications. However, taking this leave remains optional, allowing employees to choose what best suits their situation.
Implications for German Employers
The introduction of maternity leave for miscarriages in Germany beyond 13 weeks brings several key considerations for employers.
Leave Entitlements & Compliance: Employers must update their leave policies to ensure compliance with the new regulation once it takes effect. HR teams should be prepared to process maternity leave requests from employees who have suffered a miscarriage after 13 weeks of pregnancy.
Employee Support & Well-being: The change underscores the importance of providing supportive workplace policies.
Workforce Planning: With an estimated 6,000 miscarriages occurring in Germany annually between the 13th and 24th week, businesses must adjust workforce planning to ensure that impacted employees can take this leave if they choose while maintaining wider business operations.
Cross-Border Considerations: For multinational companies with operations in Germany, it is essential to align leave policies across jurisdictions while ensuring compliance with German labor laws.
Looking Ahead
As the law moves toward final approval, employers should proactively adapt their policies and support frameworks to create a more inclusive workplace. Stay informed with Atlas for further updates on global employment laws and workplace best practices.