This article constitutes the second and concluding part of a two-part series examining recent developments in family-related leave entitlements under Maltese law. Following the introduction of miscarriage leave under Legal Notice 274 of 2025, Legal Notice 275 of 2025 has amended the Minimum Special Leave Entitlement Regulations (Subsidiary Legislation 452.101 of the Laws of Malta) to introduce special parental bereavement leave in cases of the death of a child.
These amendments represent a further step in strengthening employee protection during particularly vulnerable periods, complementing existing bereavement leave entitlements under Maltese employment law.
Scope
The amendments apply to all employees, whether engaged on a full-time or part-time basis, with part-time employees entitled to leave on a pro rata basis. Special parental bereavement leave is triggered upon the death of a child under the age of eighteen (18) years, without prejudice to any existing bereavement leave to which the employee may already be entitled.
Unlike the Miscarriage Leave Regulations discussed in Part One of this series, these amendments do not introduce a standalone regulatory framework. Instead, they integrate a new category of leave within the existing structure governing minimum special leave entitlements.
Key Aspects of the Amendments
The amendments primarily introduce the following rights and mechanisms:
1. Statutory Leave Entitlement
Employees who suffer the loss of a child under the age of eighteen (18) years are entitled to special parental bereavement leave without loss of wages, such that the total bereavement-related leave amounts to seven (7) working days.
This entitlement operates as a top-up mechanism. Where an applicable Wages Council Wage Regulations Order already establishes bereavement leave, special parental bereavement leave will only apply to the extent necessary to reach the seven-day threshold. In the absence of such an order, the entitlement supplements the general bereavement leave of one (1) working day provided under the principal regulations.
A key feature of the amendments is their interaction with pre-existing bereavement leave entitlements. Special parental bereavement leave does not replace ordinary bereavement leave but is granted in addition to it.
3. Employer Reimbursement Mechanism
Employers are entitled to apply for a refund of wages paid in respect of the special parental bereavement leave component only. Such applications must be submitted to the Department of Social Security within three (3) months from the date when the leave would have been availed of.
Importantly:
- No refund is available for the portion of leave already established by a Wages Council Wage Regulations Order or by the general bereavement leave provisions; and
- Failure to submit the refund application within the prescribed timeframe results in the forfeiture of the right to reimbursement.
4. Inclusion within the Special Leave Framework
The amendments formally include special parental bereavement leave among the list of minimum special leave entitlements regulated under the Minimum Special Leave Entitlement Regulations. As a result, this form of leave is subject to the same overarching framework which provides:
- That an employer is entitled to request documentation from an employee showing that the relevant events have actually taken place; and
- That the entitlement to leave must be availed of on the next working day after the occurrence of the relevant event, unless the employee requests a postponement of up to two (2) weeks after the event in compelling circumstances.
Implications for Employers
The introduction of special parental bereavement leave further consolidates Malta’s family-oriented employment framework. Employers should:
- review their existing bereavement leave policies to ensure alignment with the seven-day minimum threshold;
- distinguish clearly between ordinary bereavement leave and special parental bereavement leave for payroll and reimbursement purposes; and
- ensure that refund applications are submitted within the statutory timeframe.
As with miscarriage leave, sensitivity and discretion are essential when managing such requests. These amendments came into force on the 1st of January 2026, and employers should ensure that their internal policies, HR systems and management training are updated accordingly.
