New miscarriage leave and parental bereavement leave introduced in Malta

Act 274 of 2025 establishes the new Miscarriage Leave Regulations (S.L. 452.138 of the Laws of Malta). This new legal entitlement provides employees with seven days of fully paid leave in the event of a miscarriage occurring before the 22nd week of pregnancy. This entitlement is extended to all workers, irrespective of contract type, and includes both the individual affected and their partner.

There is no minimum service requirement, and this leave is granted independently of any other statutory leave provisions. Employees are required to submit a medical certificate within two days upon returning to work, and employers may recover associated costs from the Department of Social Security. Employment rights will remain safeguarded and all related information shall be treated as confidential. Employees returning from miscarriage leave are safeguarded against discrimination and dismissal and retain all previous rights and benefits. Dismissal for applying for or using miscarriage leave, even during probation, is illegal under the Regulations.

Act 275 of 2025 amends the Minimum Special Leave Entitlement Regulations (S.L. 452.101 of the Laws of Malta) and introduces the Special Parental Bereavement Leave. Parents who experience the loss of a child under eighteen years of age are now entitled to seven days of paid Special Parental Bereavement Leave. This measure replaces the previous allocation of one or two days (in accordance to their specific employment sector), offering expanded support for grieving families. The entitlement is paid, distinct from other forms of leave, and calculated based on the employee’s basic wage. Full-time employees are entitled to their standard remuneration, part-time employees receive payment proportionate to their contracted hours, and self-employed individuals are compensated in accordance with the applicable median wage.

Employers are responsible for covering the first one or two days (in accordance with the bereavement leave entitlement specific to that employee’s sector), while the remaining days are funded by the government. Employers must apply for reimbursement from the Department for Social Security within three months, and the refund is limited to days taken specifically as Special Parental Bereavement Leave.