What are the key changes?
- Calculating maternity pay: With the introduction of maternity leave for miscarriages, employers must now account for maternity protection pay for affected employees. The protection periods are as follows:
- Miscarriage from the 13th week: 2 weeks of maternity protection
- Miscarriage from the 17th week: 6 weeks of maternity protection
- Miscarriage from the 20th week: 8 weeks of maternity protection
- Period of leave: Female employees are not permitted to work during these protected periods unless they specifically request it. They can revoke their decision to work at any time.
- Employer compensation: Employers can claim reimbursements for maternity pay provided to female employees through statutory health insurance.
- Additional employee protections: The MPA already had dismissal protection for employees who suffer a miscarriage. The new regulations enhance this protection, and violations may lead to administrative or even criminal offences.
What should employers do now?
- Review and update policies:Employers should review and update their internal maternity protection and leave policies to comply with the new regulations.
- Employee Support & Well-being: Employers should consider the importance of supportive workplace policies that address the physical and emotional needs of employees, including for those who experience pregnancy loss.
For further information on these recent changes or if you require support, please get in touch with a member of the MDR ONE team.
