Ministry of Social Affairs plans paid bereavement time after miscarriages

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According to Schumann, the discussion centers on the desire to strengthen, not weaken, existing maternity protection. In this context, she spoke of a 'hard-won maternity protection' that should not be made 'optional and watered down' by the new proposal. Women who have had a miscarriage would continue to have the right to choose how to deal with the situation.

The APA reported that, in addition to Social Affairs Minister APA, representatives of the ÖVP also fundamentally welcome the initiative. In the parliamentary process, the planned measures and the exact design of the paid bereavement time after a miscarriage still have to be negotiated. The question of how long the paid bereavement time should last in individual cases is also the subject of ongoing deliberations.

Open questions and design

In recent months, women's organizations and labor law experts have already called for an expansion of maternity protection after miscarriages. Existing protection against dismissal does apply in Austria during pregnancy and after birth -, but until now there has been no nationally uniform regulation following a miscarriage. The proposal now presented is intended to close this gap.

Legally, the project is based on an amendment to the Maternity Protection Act, which has been regarded for years as one of the strictest in Europe. Dismissals during the period of receiving the weekly benefit (Wochengeld) and beyond are only permissible under very narrow conditions. In the future, this protection is expressly intended to also cover the phase after a miscarriage, according to the will of the Ministry of Social Affairs.

Critics warn that a mere opt-out regulation - that is, voluntary use of the bereavement time - could water down the protection. Social Affairs Minister and AK and ÖVP politicians counter that the decision should deliberately lie with the affected women themselves. No one should be forced to take the bereavement time.

According to Schumann, the duration of the planned leave is also based on international models. In several European countries, paid bereavement time after miscarriages is already provided for, ranging from a few days to several weeks depending on the country. With the planned solution, Austria would fall within this corridor.

It remains open from what point in time the new regulation is to enter into force and what financial resources are earmarked for it in the federal budget. The question of whether the entitlement should also apply in the case of very early miscarriages is also part of the ongoing deliberations. The Ministry of Social Affairs expects a political decision in the coming months.

According to the APA, the initiative is supported by, among others, the ÖVP and social partners, who likewise advocate strengthening maternity protection. The OGH, the Supreme Court, most recently made several decisions that strengthened women's rights in the workplace after a pregnancy, on which the proposal is based.

Overall, it is evident that the planned entitlement to paid bereavement time after a miscarriage is part of a broader package for the expansion of maternity protection. In addition to the bereavement time, protection against dismissal for pregnant women and mothers is also to be expanded, according to the will of the Ministry of Social Affairs. The final form of the law is currently being negotiated.