The German Bundestag has passed a new law extending maternity leave protection to women who experience miscarriage after the 13th week of pregnancy. The bill, which received broad support across party lines, marks a significant change in how pregnancy loss is addressed in German labor law.
Under current German law, women receive paid maternity leave for six weeks before and eight weeks after birth, but this protection did not extend to cases of miscarriage. Women who experienced pregnancy loss before the 24th week had to actively apply for medical leave, with uncertain outcomes.
The new legislation, which adopted text introduced by the CDU/CSU bloc, provides optional maternity leave for women who miscarry after week 13. This change particularly supports women during their “physical and emotional recovery,” according to Sarah Lahrkamp, a Social Democratic Party lawmaker.
The law could impact approximately 6,000 women annually who experience miscarriage between weeks 13 and 24 of pregnancy. However, it’s worth noting that the majority of miscarriages (about 84,000 per year) occur before week 12 and are not covered by this new protection.
The bill will next be discussed in the Bundesrat on February 14, and if approved, could take effect on June 1, 2025. Importantly, while the law provides the option for maternity leave, women are not obligated to take it if they prefer not to.
