The Supreme Court of Justice (OGH) ruled that a self-employed mother is entitled to 7,669.72 euros in maternity benefits following a pregnancy loss in the 25th week. The social insurance provider initially denied the claim because the child weighed 362 grams.
The OGH legally classified the case as a stillbirth after the woman experienced two days of labor and postpartum recovery. This ruling challenges the previous 500-gram weight limit used to determine eligibility for maternity benefits and protection periods.
Family Minister Claudia Bauer is now proposing a staggered maternity protection model based on the week of pregnancy, similar to the German system. The SPÖ expressed concerns that a proposed opt-out option could pressure women to return to work prematurely.