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Verification of maternity leave following miscarriage: proof requirements

From the 13th week of pregnancy, individuals experiencing miscarriages are now eligible for maternity protection. Those seeking to avail this protective period may find it necessary to do so.

Maternity leave now extends to miscarriages from the 13th week of pregnancy. Individuals opting for...
Maternity leave now extends to miscarriages from the 13th week of pregnancy. Individuals opting for this protective period may need to apply accordingly.

Verification of maternity leave following miscarriage: proof requirements

Berlin (dpa/tmn) - Are you confused about maternity leave after a miscarriage in Germany? Here's the lowdown on what you need to know.

Since June 1, 2025, women who suffer a miscarriage after the 13th week of pregnancy are entitled to protection, but what do women need to do to claim this right?

It depends on whether you've informed your employer about your pregnancy. If you have, you must notify your employer of the end of your pregnancy in case of a miscarriage. The employer must then grant you maternity leave.

Proving the Miscarriage

However, you'll need to provide proof of the miscarriage upon request. A medical certificate, for example, serves as proof, as long as it clearly shows that a miscarriage has occurred, and the week of pregnancy is recorded. The day of the miscarriage is crucial for determining the start of the protection period.

The new regulations set out staggered protection periods for miscarriages after the 13th week of pregnancy:

  • Miscarriages after the 13th week: Two weeks of maternity leave
  • Miscarriages after the 17th week: Six weeks of maternity leave
  • Miscarriages after the 20th week: Eight weeks of maternity leave

During the protection period, you'll receive maternity pay for the entire period and the day of the miscarriage.

Deciding for Yourself

The new regulation allows women the freedom to decide whether they want to take maternity leave after a miscarriage. If you haven't informed your employer about your pregnancy, you can also choose whether to inform them about the miscarriage. However, keep in mind that maternity leave after a miscarriage can only be implemented if your employer is aware of it.

Operating under illness, you can also choose to work after a miscarriage and continue sick leave. The duration of sick leave will depend on a doctor’s assessment. It's worth noting that you're not obligated to reveal the miscarriage if you don't wish to.

Important: In the event of sick leave, the regulations on continued payment of wages in case of illness or sickness benefit from statutory health insurance apply.

In the context of the new regulations for miscarriage leave in Germany, it's essential to acknowledge that this change in policy promotes women's health and health-and-wellness, offering a service that caters to women's specific health needs. Additionally, the science behind these regulations is significant as it provides a more comprehensive approach to women's health, particularly in the realm of reproductive health-and-wellness.

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