Germany: Changes to the Maternity Protection Act Support Expectant Mothers

The changes to the Maternity Protection Act aim to provide protection for women in the event of a miscarriage.

Starting 1 June 2025, staggered maternity protection will apply in the event of a miscarriage from the 13th week of pregnancy.

To date, the Maternity Protection Act, which bans women from working after childbirth, only applies to women who have given birth, with no specific definition of the term “delivery.” The labour courts have previously distinguished between a ‘delivery’ and a ‘miscarriage’ if the fetus showed no signs of life, weighed less than 500 grams, and the 24th week of pregnancy had not been reached. Until recently, women who had miscarried were only entitled to paid sick leave if they were unable to work. A constitutional complaint filed by affected pregnant women was recently dismissed.

Given the physical and psychological stress that miscarriage causes pregnant women, staggered protection periods will apply from 1 June 2025 for women who miscarry after the 13th week of pregnancy:

• In the event of a miscarriage from the 13th week of pregnancy: 2 weeks maternity protection
• In the event of a miscarriage from the 17th week of pregnancy: 6 weeks maternity protection
• In the event of a miscarriage from the 20th week of pregnancy: 8 weeks maternity protection.

Female employees are not permitted to work during these protected periods unless they specifically request to do so. The voluntary continuation of work can be revoked at any time. During this time, women are also eligible for maternity pay. Employers can claim compensation for the cost through the so-called “U2 appointment procedure.”

Practical Points

• It is welcomed that the new regulation is based exclusively on the number of weeks of pregnancy, as this creates legal clarity and makes it easier for those affected to prove that they meet the requirements for entitlement.
• When informed by an employee of a miscarriage after the 13th week of pregnancy, employers must now observe not only the prohibition of dismissal, but also the staggered maternity protection periods.
• If employers provide their employees with internal policies or similar documents on maternity protection, these must be revised accordingly.