Germany is introducing up to eight weeks of paid leave for female employees who suffer a miscarriage after week 12 of pregnancy. This change will take effect on 1 June 2025.
Background
On 30 January 2025, the German Parliament passed a bill to introduce paid leave for female employees who experience a miscarriage after week 12 of pregnancy under the Maternity Protection Act (the “MPA”).
Under German law, miscarriages are the loss of pregnancy either before week 24 of pregnancy or where the weight of the child is less than 500 grams. A stillbirth is the loss of pregnancy from week 24 of pregnancy, or where the weight of the child is at least 500 grams. Under the existing law, the standard paid maternity leave entitlement of 14 weeks (the six weeks before and the eight weeks after expected delivery) would apply for cases of stillbirths but not for miscarriages.
Female employees are already protected against termination for four months after a miscarriage that occurs after week 12 of pregnancy but are not currently entitled under the MPA to any paid leave. In the event of a miscarriage, female employees would only currently be entitled to sick leave if supported by a medical certificate.
Starting from 1 June 2025, when the amendments to the MPA come into effect, employees who suffer a miscarriage after week 12 of pregnancy will be entitled to paid miscarriage leave and will no longer need to use their sick leave for treatment and recovery.
Key details
Starting from 1 June 2025, female employees who experience a miscarriage between weeks 13 and 23 of pregnancy will be entitled to paid miscarriage leave. The duration of the leave will vary based on the stage of the pregnancy at the time of the miscarriage, as follows:
Weeks 13 to 16: two weeks of paid miscarriage leave
Weeks 17 to 19: six weeks of paid miscarriage leave
Weeks 20 to 23: eight weeks of paid miscarriage leave
During this leave, an employer cannot require a female employee to work. The employee is entitled to full pay, which comprises:
An allowance of EUR 13 per day paid by their statutory health insurance.
A supplement from their employer that makes up the difference between the allowance paid through health insurance and the average daily pay of the last three months preceding the leave (less any statutory deductions).
The employer may claim full reimbursement for the employer supplement through statutory health insurance.
The employee may expressly agree to work during this leave but may revoke such agreement at any time.
Employer action: ACT
Employers should review and start preparing updates to their family leave policies and procedures, as needed, to reflect the introduction of miscarriage leave with effect from 1 June 2025.
Further Information
