Miscarriage Protection in Germany
Evidence needed for post-miscarriage maternity protection
As of June 1, 2025, Germany has revised its maternity protection law, offering support to women who endure a miscarriage after the 13th week of pregnancy. Let's break down the ins and outs of this new regulation to help you navigate this challenging time.
Informing the Employer
Whether you've already informed your job about your pregnancy or not, you'll need to keep them in the loop if a miscarriage occurs. If you've already shared the news, be sure to inform them about the end of your pregnancy. In this case, your employer is obligated to grant you the maternity protection period.
Medical Certificate as Proof
Unfortunately, you'll need to provide evidence of the miscarriage on request. A medical certificate, showing that a miscarriage has taken place and noting the precise week of pregnancy, serves as the most effective proof. Of course, the exact week is crucial in determining the length of your protection period.
Duration of Protected Leave
The duration of your protected leave depends on when you miscarried:
- Miscarriage between 13th to 16th weeks: You'll receive two weeks of maternity protection.
- Miscarriage between 17th to 19th weeks: You'll receive six weeks of protection.
- Miscarriage after the 20th week: You'll receive eight weeks of protection.
Throughout the entire protection period, you'll be entitled to maternity pay and will be recognized as being on leave from the day of the miscarriage.
Your Decision, Your Choice
The new regulation aims to empower women by allowing them to decide whether they wish to take advantage of the protection period following a miscarriage. If you haven't already informed your employer about your pregnancy, you can still opt to keep them out of the loop concerning the miscarriage. However, it's important to note that maternity protection after a miscarriage can only be implemented with your employer's knowledge.
The Option to Work
Should you choose to continue working after a miscarriage, you can file a sick leave request instead. The length of your sick leave will be determined by a doctor's assessment. As long as you prefer not to disclose your miscarriage, it is not mandatory to share this information with your employer.
Important Reminders
- Medical Certificate: Provide a medical certificate confirming the miscarriage and gestational age to claim maternity protection benefits.
- Job Protection: During your protection period, your job is safeguarded by law, ensuring your return to work without facing penalties.
- No Sick Note Required: Unlike previously, you don't need a sick note to take this leave; the medical documentation of the miscarriage and gestational age is sufficient.[1][2][3]
Science and women's health intertwine in the new maternity protection law in Germany, as it provides support for women experiencing miscarriages. In the case of a miscarriage, health-and-wellness professionals will issue a medical certificate, highlighting the precise week of pregnancy, serving as proof for the maternity protection period.
