The protection of women in the event of an interrupted pregnancy

A reform was recently adopted in Germany: the Mutterschutzanpassungsgesetz (Maternity Protection Adjustment Act). It came into effect on June 1, 2025.

Since June 1, 2025, staggered maternity protection periods following a miscarriage have been established. From the 13th week of pregnancy, two weeks of protection are granted. From the 17th week, six weeks. From the 20th week, up to eight weeks. A woman is no longer required to be signed off work by a doctor to benefit from this protection.

The right to this leave is optional: the woman may waive it and choose to continue working by expressly declaring her readiness to do so.

The reform also specifies that the duration of maternity protection in the event of a stillbirth (from the 24th week onwards) is fixed at 8 weeks. Salaried employees and self-employed women affiliated with a statutory health insurance fund are covered; however, self-employed women with private insurance remain temporarily excluded from the scheme, though a supplementary reform is planned for them.

For miscarriages occurring before the end of the 12th week of pregnancy, protection against dismissal related to pregnancy ceases at the time of the miscarriage, as was previously the case.

Legal protection against dismissal for reasons related to pregnancy ceases in the event of a miscarriage occurring before the 180th day of pregnancy (approximately 25–26 weeks). Only the birth of a stillborn child after 180 days of pregnancy triggers standard maternity protection.

Consequently, for the vast majority of miscarriages, there is no specific protection in Belgium against dismissal linked to the miscarriage itself. The employee remains covered only by general anti-discrimination protections (notably anti-discrimination legislation and the prohibition of dismissal for reasons related to health status).

Employees unable to work are entitled to 30 days of sick leave paid at 100% of their salary by the employer (for white-collar workers). After this period, the mutual insurance fund (mutualité) takes over. Sectoral collective bargaining agreements may provide for additional rights. General protection against discrimination based on health status remains applicable.

France has the most elaborate framework, primarily derived from two laws: the Law of July 7, 2023 (known as the “Miscarriage Law”) and the Social Security Financing Act for 2024.

Since January 1, 2024, in the event of a spontaneous pregnancy loss (miscarriage), it is possible to benefit from sick leave without the application of a waiting period (délai de carence). Since July 1 of the same year, this has also applied to a medical termination of pregnancy. Social Security compensation, therefore, begins on the first day of leave.

This measure applies to private sector employees, public officials, and self-employed professionals, subject to eligibility requirements.

The doctor or midwife must prescribe the leave using a specific paper form (distinct from ordinary sick leave forms). The duration of the leave is left to the practitioner’s discretion based on the individual’s situation.

Furthermore, it is prohibited to terminate an employment contract during the 10 weeks following a medically certified miscarriage occurring between the 14th and 21st weeks of amenorrhea (weeks since the last period) inclusive. The only exceptions are serious misconduct by the employee or the employer’s inability to maintain the contract for a reason unrelated to the spontaneous pregnancy loss.

For miscarriages occurring after the 22nd week of amenorrhea (which are legally considered a birth), the employee benefits from full maternity leave and protection against dismissal for its entire duration (16 weeks).

In the absence of a specific law, miscarriage is treated in Luxembourg as ordinary incapacity for work. The Luxembourgish system provides that the employer pays the employee during incapacity for work, with the CNS (Caisse Nationale de Santé) taking over once the threshold of 77 days of incapacity within the previous 18 months is reached. This requires a medical certificate from a doctor.

There is no removal of the waiting period in Luxembourg, nor is there specific protection against dismissal linked to early miscarriage (before 22 weeks). General anti-discrimination protections remain applicable, as do protections linked to a recognized pregnancy.

When the birth of a stillborn child occurs after 22 weeks of pregnancy, it is legally equated to a birth, granting the right to full maternity leave of 20 weeks; the postnatal period is maintained even in the event of death at birth. The employee also benefits from protection against dismissal from the beginning of the medically certified pregnancy until 12 weeks after the delivery.