In a landmark move that has garnered international attention, Germany has passed a new law offering maternity leave to women who experience a miscarriage. The decision, which came into effect in January 2025, acknowledges the profound emotional and physical toll a miscarriage can take on a woman, making it a crucial step toward supporting women through one of the most painful experiences they may face.
The new law ensures that women who experience a miscarriage before the 12th week of pregnancy are eligible for up to six weeks of maternity leave. This leave will be paid in a manner similar to standard maternity leave, providing women the time to recover, grieve, and heal, without the added pressure of returning to work prematurely.
Why This Law Matters
A miscarriage is for many, a traumatic experience that involves not only the loss of a pregnancy but also the mental strain of navigating societal attitudes surrounding miscarriage. In some cultures, miscarriage is still somewhat of a taboo subject, and women are often expected to “move on” quickly. This law acknowledges the importance of offering women a supportive and understanding environment, where they can heal at their own pace.
By allowing women the time to recuperate from this loss, Germany is recognizing that women should no longer be expected to rush back into the workforce when the emotional scars of a miscarriage may still be fresh.
The Debate Over the Term “Maternity Leave”
Despite the positive reception of the law, the use of the term “maternity leave” has raised some concerns. For many women, the word “maternity” is heavily associated with the joy and excitement of carrying a child to full term. The experience of miscarriage, on the other hand, is one of loss, grief, and sadness. Some argue that referring to the leave as “maternity leave” may not be sensitive enough to the nuances of miscarriage and could inadvertently trivialize the pain of those who have experienced it.
Some advocates have suggested that a more appropriate term could be “grief leave” or “bereavement leave” to more accurately reflect the emotional nature of the time off. This could signal that the focus is on emotional recovery, without implying that the loss is something to be glossed over with traditional terminology. By adopting a more empathetic term, the law could help remove any potential stigma or misunderstandings surrounding miscarriage and loss.
Maternity Leave Around the World: A Global Perspective
Germany’s new law offering maternity leave after miscarriage places it in an increasingly progressive position when compared to other nations. In many parts of the world, maternity leave policies vary greatly in both duration and scope, often reflecting the country’s cultural attitudes toward women, work, and family life.
- United Kingdom: In the UK, statutory maternity leave provides women with up to 52 weeks of leave, with 39 weeks paid at varying rates. While the law in the UK allows for significant time off following the birth of a child, it does not currently extend specific paid leave for women who experience a miscarriage. However, employees can take sick leave, which may be paid, depending on the employer’s policies, but this is generally not as generous or widely applied as maternity leave itself. There is also a focus on mental health support, though miscarriages can still feel underrepresented in the broader framework.
- United States: The United States offers no federal paid maternity leave, a stark contrast to many other developed nations. The Family and Medical Leave Act (FMLA) allows for 12 weeks of unpaid leave for those who meet eligibility requirements. This leave applies to the birth of a child but does not specifically extend to miscarriage. Women in the U.S. may be entitled to sick leave or personal days depending on their employer’s policies, but there is no federal law mandating paid leave for miscarriage or pregnancy loss. As a result, many women in the U.S. return to work quickly after a miscarriage due to financial necessity or lack of workplace support.
- Australia: In Australia, the government provides paid parental leave for eligible employees, which includes up to 18 weeks of paid leave at the national minimum wage. However, this leave is typically reserved for the birth or adoption of a child. Like the U.S. and UK, there is no specific statutory provision for paid leave following a miscarriage. Some workplaces may offer compassionate leave or paid sick leave, but this is often limited and varies by employer. There have been calls in Australia to expand paid leave options to cover miscarriage, but so far, no widespread national law has been passed.
Moving Toward a More Compassionate Approach
Even with the debate about terminology, it’s clear that this law is a significant step forward for women in Germany.
It also highlights an important shift in how society views reproductive health. Historically, miscarriage has often been treated as a private matter or one that women are expected to handle quietly. This law, by granting leave, encourages a more open, supportive approach, giving women the space to process their emotions without the burden of work commitments.
