How do I give myself a miscarriage
If a child is not born alive, this is always very stressful for those affected. In these cases, there is the problem of the legally required demarcation between a stillbirth and a miscarriage, since maternity protection after the birth is linked to the physical stress associated with the birth process and the subsequent regression processes. However, this legal distinction does not affect the appreciation of a woman as a person.
In the legal sense, a miscarriage is not a delivery. A miscarriage is when there are no signs of life outside the womb, the weight is less than 500 grams, and the birth occurs before the 24th week of pregnancy. A miscarriage does not normally trigger any consequences under maternity protection law; in particular, the period of protection after childbirth does not apply. But: If you suffer a miscarriage after the twelfth week of pregnancy, special protection against dismissal applies.
Women who have suffered a miscarriage are not unprotected, but are entitled to medical care and treatment according to general regulations.
If a miscarriage or an abortion is associated with emotional and physical stress that results in incapacity for work, this must be certified by a doctor. Instead of the regulations on the continued payment of wages under maternity protection law, the regulations on the continued payment of wages in the event of illness or sickness benefits of the statutory health insurance apply.
Stillbirth or death of the child
A stillbirth is present if the birth weight is at least 500 grams or if the birth occurs after the 24th week of pregnancy. In the case of stillbirth, the general period of protection after delivery applies. Your employer is normally not allowed to employ you during this time. During the protection period, you are entitled to maternity benefit and an employer's allowance. However, at your express request, you can be employed again before this protection period expires (at the earliest from the third week after childbirth) if nothing speaks against it according to a medical certificate. You can revoke your declaration at any time.
Whether it is a miscarriage or a stillbirth depends on the medical certificate.
Termination of pregnancy
For women who have had an abortion, maternity leave usually ends with the abortion. In place of maternity leave, there are other health insurance benefits. However, if the termination of pregnancy triggers a (dead) birth, the maternity protection regulations apply in full.
Care by a midwife
Mothers are also entitled to midwifery assistance from statutory and private health insurances if they have experienced a miscarriage, a stillbirth or an abortion. Midwives help the parents in these difficult times by advising and accompanying the parents and helping them to come to terms with what they have experienced by talking to them.
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