New protection periods after miscarriage or stillbirth will come into force on 1 June 2025

At a glance

• A bill on amendments to the Maternity Protection Act (MPA) has passed both the Federal Parliament and the Federal Council and will come into effect on 1 June 2025.
• In the event of a miscarriage after week 12 of pregnancy, female employees will not be required to work for a specific period unless they expressly agree to do so.
• The new bill also clarifies that standard maternity protection applies in the event of a stillbirth.

A draft bill on amendments to the MPA has passed both the Federal Parliament and the Federal Council. The amendments will take effect on 1 June 2025.

Key amendments

The updated provisions distinguish between a miscarriage and a stillbirth, the latter requiring that the weight of the child exceeds 500 grams or that week 24 of pregnancy has been reached.

In the event of a miscarriage after week 12 of pregnancy, female employees will not be required to work for a specific period. The length of this protected period depends on the duration of the pregnancy up to that point:

• Two weeks of protection from week 13 of the pregnancy.
• Six weeks of protection from week 17 of the pregnancy.
• Eight weeks of protection from week 20 of the pregnancy.

Female employees may expressly agree to work during the protected period but may also revoke their agreement at any time.

The updated legislation further clarifies that the standard regulations on maternity protection also apply in case of a stillbirth. This includes the regular protected periods of six weeks before and eight weeks after birth.

Takeaway for employers

The MPA already provides protection against dismissal for female employees who suffer a miscarriage. The newly introduced regulations further supplement this protection. A violation of these regulations may constitute an administrative offence and, in certain circumstances, even a criminal offence.

Employers may ask female employees to work during the protected period, but should be aware that, even if an employee agrees, they can revoke their agreement for the rest of the work protection period.  

Employers may be entitled to reimbursement of any maternity protection benefits paid to employees who do not work during the protected period.