# Austrian maternity law reform debate

> Live situation record from CLSTR: https://clstr.news/situations/austrian-maternity-law-reform-debate
> Updated: 2026-10-04T03:00:00.000Z. Sources: 6. Developments: 2.

Following a Supreme Court of Austria (OGH) ruling, discussions regarding maternity protection laws for pregnancy loss have intensified. The court ruled in favor of a self-employed woman whose maternity allowance claim was denied due to the 500-gram threshold used to distinguish between stillbirth and miscarriage. The OGH determined this weight limit is not an absolute criterion for social security claims, noting the physical and psychological burdens involved.

In response, Family Minister Claudia Bauer (ÖVP) called for legislative reform, describing the ruling as a “milestone” and advocating for a tiered maternity protection system. Subsequently, Social Minister Korinna Schumann (SPÖ) proposed a specific “bereavement leave” (Trauerzeit) model. This proposal suggests tiered leave durations based on the stage of pregnancy—ranging from four to 16 weeks—funded by the Family Burden Equalization Fund. The plan also includes potential leave for partners and an extension of employment protection for four months following a miscarriage.

## Timeline

### 2026-10-04: Austria proposes bereavement leave for women after miscarriage

Austrian Social Minister Korinna Schumann has proposed tiered bereavement leave for women following miscarriages, funded by the Family Burden Equalization Fund, alongside extended employment protection.

6 sources. https://clstr.news/cluster/austria-proposes-bereavement-leave-for-women-after-miscarriage

### 2026-09-24: Austria: Minister calls for maternity law reform after court ruling

Austrian Family Minister Claudia Bauer is calling for legal reforms to maternity protection after a Supreme Court ruling granted maternity allowance to a woman despite a fetal weight below the 500-gram limit.

2 sources. https://clstr.news/cluster/austria-minister-calls-for-maternity-law-reform-after-court-ruling

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Cite as: Austrian maternity law reform debate. CLSTR, https://clstr.news/situations/austrian-maternity-law-reform-debate
