Germany just passed a groundbreaking law extending maternity leave protections to women who experience a miscarriage after the 13th week of pregnancy. This law recognizes the physical and emotional toll of pregnancy loss and gives women the option—but not the obligation—to take time off to recover.
It’s a big step forward. But it also raises a glaring question for American women: Why don’t we have anything like this in the U.S.?
Related: Pregnancy loss leave must be included in our parental leave conversations
Where the U.S. stands on miscarriage leave (Spoiler: It doesn’t)
In the U.S., federal law does not guarantee any paid leave for miscarriage, pregnancy loss, or stillbirth. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for serious health conditions, which could theoretically apply in some miscarriage cases—but only if you work for an employer with 50 or more employees and have been there for at least a year. That means millions of women don’t qualify.
Many working mothers, especially those in low-wage jobs, are left to navigate one of the most devastating moments of their lives while being forced to clock in for work or risk losing their jobs. Unlike Germany’s approach, which acknowledges miscarriage as a legitimate health and recovery issue, the U.S. treats it like an unfortunate but personal matter that employers have no obligation to address.
Other countries offer more support—so why not here?
Germany isn’t alone in recognizing the need for workplace protections following pregnancy loss.
Meanwhile, in the U.S., whether a woman gets time off after a miscarriage depends entirely on her employer. Some progressive companies, including Pinterest, Goldman Sachs, and Liberty Mutual, have started offering bereavement or medical leave for pregnancy loss, but this is voluntary—not required by law. That means the women who need this time off the most—hourly workers, single moms, women in physically demanding jobs—are often the least likely to get it.
The bigger problem: The U.S. doesn’t support mothers—period.
The lack of miscarriage leave is just one part of a much bigger issue: the U.S. is the only wealthy country in the world that does not guarantee paid maternity leave at all.
Most American women return to work just days or weeks after giving birth, often while still bleeding and sleep-deprived, because they can’t afford unpaid time off. The U.S. also has some of the highest childcare costs in the world, no universal healthcare, and companies that often penalize mothers for needing workplace flexibility.
Expanding protections for miscarriage isn’t just about pregnancy loss—it’s about recognizing that women’s health, recovery, and grief deserve time and support.
What needs to change?
Germany’s new law is an example of what happens when governments take maternal health seriously. The U.S. has a long way to go, but policies like paid family leave and bereavement leave for miscarriage would be a start.
In the meantime, American women are left to rely on their employers’ generosity—or go back to work as if nothing happened. And that’s a reality that needs to change.
Sources:
- A discussion of Germany’s miscarriage leave policy. DW. 2025. “Germany offers maternity leave for women after miscarriage”
- An overview of family and medical leave policies in the U.S. U.S. Department of Labor. “Family and Medical Leave (FMLA)”
- The official text of India’s maternity leave legislation. Ministry of Labour & Employment, India. 1961. “MATERNITY BENEFIT ACT, 1961“
- Guidelines on bereavement leave in New Zealand. Employment New Zealand. “Taking bereavement leave | Employment New Zealand)”
- An FAQ on the Philippines’ maternity leave policies. Philippine Commission on Women. “Availment of the 105-Day Expanded Maternity Leave Under Republic Act 11210 FAQs”
- A discussion on UK lawmakers’ push for miscarriage leave. The Guardian. 2025. “UK women who suffer miscarriage should get two weeks’ paid leave, MPs say”
