Skip to content

Documentation required for post-miscarriage maternity protection: evidence needed

Miscarriages now qualify for maternity leave from the 13th week of pregnancy, effective as of early June. Those desiring to utilize this protective period are eligible.

Maternity protection for miscarriages has been extended to the 13th week of pregnancy as of early...
Maternity protection for miscarriages has been extended to the 13th week of pregnancy as of early June. Eligible individuals can claim this protection by meeting the required criteria.

Miscarriage Support in Germany: A New Era for Pregnant Workers

Documentation required for post-miscarriage maternity protection: evidence needed

Berlin - The landscape of employment for pregnant women in Germany has dramatically changed since the Maternity Protection Law was amended on June 1, 2025. Women who experience a miscarriage while past the 13th week of pregnancy are now entitled to Maternity Leave, which provides coverage till week 20, 24, or 28 depending on their gestational age during the miscarriage[1][2][3]. But what does this new regulation entail, and how can women claim this much-needed support?

Informing Your Employer

If you have already informed your employer about your pregnancy, you must notify them about the end of your pregnancy upon experiencing a miscarriage[4]. Furthermore, it's necessary to inform the Federal Ministry of Education, Family, Seniors, Women and Youth (BMFSFJ)[4]. Once your employer is in the know, they are required to approve your maternity leave[4].

Provide Medical Evidence

Upon request, you'll need to submit proof of the miscarriage - a medical certificate, for instance, will suffice. This document should clearly state that a miscarriage has occurred, and the exact week of pregnancy should be included[4][5]. The day of the miscarriage determines the start of the protection period[4][5].

  • For miscarriages between the 13th and the 17th week — Two weeks of maternity leave[1][4].
  • After the 17th week through the 20th week — Six weeks of maternity leave[1][4].
  • Between the 20th and the 24th week — Eight weeks of maternity leave[1][4].

You'll receive maternity pay for the entire duration of leave, and the day of the miscarriage is also included[1][2][3].

The Option to Work or Take Sick Leave

After a miscarriage, you have the choice to continue working or report sick leave[4]. The duration of sick leave depends on the assessment of a doctor. If discretion is preferred, you are not obligated to disclose the miscarriage to your employer[4].

Important: During sick leave, the regulations governing continued payment of wages in case of illness or sickness benefit from statutory health insurance apply[4].

In summary, the new regulation grants pregnant women in Germany the right to statutory maternity leave following a miscarriage after the 13th week. The duration of leave depends on the gestational age at the time of the miscarriage. An essential step to secure this critical support is providing a sufficient medical certificate confirming the miscarriage and specifying the gestational age[4]. For eligible miscarriages, the need for sick leave is replaced by statutory maternity leave, with continued job protection and compensation[2][3].

In this new era for pregnant workers in Germany, women who experience a miscarriage after the 13th week of pregnancy are now entitled to Maternity Leave, which provides coverage till week 20, 24, or 28 depending on their gestational age during the miscarriage. To claim this support, it's necessary to provide a medical certificate as evidence of the miscarriage, which should clearly state the exact week of pregnancy and that a miscarriage has occurred.

Read also:

    Latest