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Miscarry-induced maternity protection becomes feasible now.

Pregnancy losses significantly affect those involved, yet until now, no maternity protection benefits were guaranteed. This is soon to change for specific scenarios.

Pregnancy losses carry a heavy emotional burden, yet until recently, no maternity protection...
Pregnancy losses carry a heavy emotional burden, yet until recently, no maternity protection benefits were available. However, this is now shifting under certain circumstances.

Miscarry-induced maternity protection becomes feasible now.

Got questions about the recent changes in maternity leave for women experiencing miscarriages in Germany? Look no further! Here's a straight-up, no-frills explanation of the new regulations.

Previous Maternity Leave Regulations

Before we dive into the changes, let's recap the old rules:

  1. The Maternity Protection Act primarily covered the period before and after the birth of a child, offering protection from the sixth week before the birth until eight weeks following.
  2. Women typically did not work during these protection periods and received maternity benefits to cover their full salary before pregnancy.
  3. In case of a miscarriage, women relied on a sick note because neither maternity protection periods nor benefits were provided before the 24th week of pregnancy.

The New Maternity Leave Regulations

Now, let's check out the fresh rules for maternity leave following a miscarriage:

  1. A tiered system has been introduced, offering longer maternity protection periods the further along the pregnancy, starting from the 13th week of pregnancy.
  2. For miscarriages from the 13th week, women are entitled to a two-week maternity protection period.
  3. From the 17th week of pregnancy, six weeks of maternity protection are provided.
  4. From the 20th week, women may take an eight-week break from work.
  5. During these periods, women are entitled to salary replacement.
  6. If a woman wishes to continue working despite a miscarriage from the 13th week, she is allowed to do so.

Changes for Self-Employed Women

  • The new regulations will apply to self-employed women who are compulsorily insured.
  • Soldiers and civil servants will also be able to claim a maternity protection period in case of a miscarriage from the 13th week of pregnancy.
  • Self-employed women with private insurance are excluded.
  • The new federal government wants to extend maternity protection benefits to self-employed women as per their coalition agreement.

Impact of the New Regulations

As of now, it's unclear exactly how many women will benefit from the new regulations. Experts estimate that one in three women in Germany experiences a miscarriage.

According to research by the Fraunhofer Institute for Applied Information Technology (FIT), around 90,000 pregnancies end in miscarriage each year, with approximately 6,000 miscarriages happening between the 13th and 24th week of pregnancy. However, because there is no maternity protection claim for miscarriages before the 12th week, these women will not directly benefit from the new regulations.

  1. The new regulations introduce a tiered system for maternity protection periods, offering a two-week protection for miscarriages from the 13th week of pregnancy, six weeks for miscarriages from the 17th week, and eight weeks for miscarriages from the 20th week, providing salary replacement during these periods.
  2. Self-employed women who are compulsorily insured, soldiers, and civil servants will now be able to claim a maternity protection period in case of a miscarriage from the 13th week of pregnancy, although self-employed women with private insurance will not be included in these new regulations at this time.

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