This article forms part of a two-part series examining recent developments in family-related leave entitlements under Maltese law. By virtue of Legal Notice 274 of 2025, the Miscarriage Leave Regulations (the “Regulations”) have been introduced under the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). These Regulations represent a significant development in Maltese employment law, enhancing protection for employees who experience a miscarriage by granting them a period of paid leave.
The second part of this series will discuss the Minimum Special Leave Entitlement (Amendment) Regulations, which amend the Minimum Special Leave Entitlement Regulations (Subsidiary Legislation 452.101of the Laws of Malta) and introduce special parental bereavement leave in cases of the loss of a child.
Scope
The Regulations apply to all workers, regardless of gender or sexual orientation who experience a miscarriage, which is defined as:
“(a) the spontaneous loss of pregnancy due to natural causes or medical complications; or
(b) the termination of pregnancy resulting from a medical intervention carried out in accordance with article 243B of the Criminal Code,
which loss or termination occurs before the twenty second (22nd) week of pregnancy”.
If the pregnancy ends after the 22nd week of pregnancy, the employee becomes entitled to maternity leave instead of miscarriage leave.
Key Aspects of the New Regulations
The Regulations primarily introduce the following rights and obligations:
1. Statutory Leave Entitlement
Employees who suffer a miscarriage are entitled to seven (7) working days of miscarriage leave without loss of wages, which must be utilised immediately after the occurrence of a miscarriage. The other prospective parent shall also be eligible for the same leave entitlement, irrespective of gender, sexual orientation, and civil status.
2. Eligibility
Every worker shall be entitled to miscarriage leave, including:
- Full-time employees;
- Part-time employees, provided their entitlement shall be on a pro rata basis;
- Employees engaged under indefinite contracts of employment; and
- Employees engaged under fixed-term contracts of employment.
No qualifying period of work or service is required for an employee to be entitled to miscarriage leave.
3. Interaction with other Leave Entitlement
The Regulations provide that miscarriage leave must be granted regardless of any other types of statutory leave. If an employee had pre-approved vacation leave which coincides with the period during which they are eligible for miscarriage leave, the employee may either retain the pre-approved vacation leave or utilise the miscarriage leave.
4. Documentation
Employees who avail themselves of miscarriage leave must provide a medical certificate issued by a registered obstetrician or gynaecologist within two (2) days from their return to work. The medical certificate must include the employee’s details, the date of the miscarriage and a confirmation that the miscarriage took place prior to the 22nd week of pregnancy.
For the other prospective parent to qualify for miscarriage leave, the employee who suffered the miscarriage must make a declaration containing the details of the other prospective parent, which must be signed by the employee who suffered the miscarriage and countersigned by the other prospective parent.
Employers may not require any further documentation and must ensure that such data is processed confidentially and in line with the General Data Protection Regulation (Regulation (EU) 2016/679).
5. Protection against Discrimination
The Regulations include safeguards to ensure that an employee who avails themselves of miscarriage leave is protected from discrimination, such as:
- Any rights that employees would have acquired or would have been in the process of acquiring on the date when miscarriage leave begins shall be safeguarded for the duration of the leave;
- After miscarriage leave, employees have the right to return to their job and to benefit from any improvements in working conditions they would have otherwise been entitled to;
- Discrimination towards employees on the basis that they have exercised their right to miscarriage leave is prohibited;
- No employee or employees’ representative may be subject to adverse treatment or consequences for submitting a complaint to the employer or initiating legal proceedings against the employer aimed at seeking enforcement of the Regulations;
- It is illegal to dismiss or prepare to dismiss an employee, even during the probationary period, because they have applied for or availed themselves of miscarriage leave. Employees who believe they have been dismissed on such grounds may request the employer to provide the reasons for their dismissal, which must be provided in writing within fifteen (15) days from such request;
- The burden of proof shifts onto the employer if an employee provides facts before a competent authority which indicate that they have been dismissed on the grounds of applying for or utilising miscarriage leave.
Implications for Employers
The introduction of the Regulations further strengthens family-friendly employment measures under Maltese law. Employers should familiarise themselves with the new requirements and update their policies and employee handbooks to ensure full compliance, with the Regulations coming into force on the 1st January 2026.
Employers may claim refunds for payments relating to miscarriage leave by submitting an application to the Social Security Division within three (3) months from the date when the miscarriage leave would have been utilised.
It is essential that HR and management personnel are trained to manage miscarriage leave requests with the necessary confidentiality and sensitivity.
The information provided in this Insight does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only. This Insight may not constitute the most up-to-date legal information and you are advised to seek updated advice.
