As from the 1st of January 2026, the Maltese legal framework has introduced new statutory entitlements for employees who experience miscarriage and child loss.
Miscarriage Leave Regulations
These rights are established under Subsidiary Legislation 452.138 of the Laws of Malta, entitled the Miscarriage Leave Regulations.
The Regulations grant a period of paid miscarriage leave to all employees whether in full-time or part-time. Moreover, this right is granted irrespective of gender, sexual orientation, civil or family status, and regardless of whether the employee is employed in the public or private sector. The entitlement applies even where the miscarriage occurs outside Malta.
Under the Regulations, every employee is entitled to seven (7) working days of paid miscarriage leave, to be taken immediately after the occurrence of a miscarriage. This entitlement applies both to the employee who experienced the miscarriage and to the other parent. No minimum period of service is required in order to qualify for this leave, and therefore it is an extra independent right granted by law.
Employees are required to submit a medical certificate confirming that the miscarriage occurred before the twenty-second (22nd) week of pregnancy within two (2) working days of their return to work. In the case of the other parent, eligibility is subject to the submission of a signed declaration from both parents. Employers who grant miscarriage leave may apply for a refund of the wages paid during this period from the Department of Social Security, provided the application is made within three (3) months.
In this respect, the law further emphasises the importance of confidentiality and data security in relation to any personal data processed by the employer in connection with miscarriage leave. Such data may be accessed solely by individuals who are directly involved in the administration of the leave and who are, in any event, bound by strict obligations of confidentiality.
Importantly, employees returning from miscarriage leave are protected against discrimination or dismissal and must retain all rights and benefits accrued prior to taking such leave. Any dismissal, including during the probationary period, on the grounds that an employee has applied for or availed themselves of miscarriage leave is expressly deemed unlawful under the Regulations.
Special Parental Bereavement Leave
Through S.L. 425.101, the Minimum Special Leave Entitlements Regulations, the law is now also catering for parents grieving the loss of their minor child.
This leave entitlement is also applicable to all employees irrespective of their employment status. Full-time employees are entitled to payment in full, whilst part-time employees shall be paid on a pro rata basis, and self-employed persons shall be compensated in accordance with the applicable median wage. It will also be granted to all couples, including same-sex relationships.
Such entitlement allows parents to take seven (7) working days away from work with full pay. Prior to the introduction of this measure, parents were entitled to only one (1) or two (2) days of leave, depending on the sector of employment. The new provisions therefore represent a significant extension of the leave, and it this is without prejudice to bereavement leave.
Similarly, the employer is entitled to submit an application to the Department for a refund of the payments made. Such application must be filed within three (3) months from the date on which the employee availed themselves of the special parental bereavement leave.
