Legal Notices 274 and 275 of 2025 have introduced two important new leave entitlements for all employees in Malta, effective January 2026: Miscarriage Leave and Special Parental Bereavement Leave. These measures are designed to support employees’ wellbeing, offering meaningful protection and time to cope during deeply challenging moments of loss.
Miscarriage Leave
This leave applies to employees who experience the spontaneous loss of a pregnancy due to natural causes or medical complications, or a medically necessary termination before the 22nd week of pregnancy. Employees are now entitled to seven (7) working days of full paid leave, to be taken immediately following the miscarriage. This leave may be taken by both the individual who experienced the miscarriage and the other expectant parent, with no minimum length of service required.
This entitlement is available to all employees, regardless of gender, sexual orientation, civil status, or family status, and applies to both full-time and part-time workers (on a pro-rata basis).
To ensure that this leave entitlement is granted accordingly, employees must provide their employer, within two (2) working days of returning to work, with a medical certificate confirming the miscarriage occurred before the twenty-second (22nd) week. The other expectant parent must also submit a signed declaration from both parents to qualify.
Employers may apply for reimbursement for the paid leave by filing an application with the Department of Social Security within 3 months from when the miscarriage leave has been availed of.
Employees are fully protected from discrimination, victimisation, dismissal, or loss of employment rights when using this entitlement.
Special Parental Bereavement Leave
Special Parental Bereavement Leave shall be granted to all employees mourning the loss of a child under the age of eighteen (18) years. Parents who experience such a loss shall be entitled to seven (7) working days of paid leave.
This leave entitlement shall apply to all employees, whether or not they are covered by a Wage Regulation Order. Part-time employees or those working reduced hours will also be entitled to this leave, calculated on a pro-rata basis according to their working hours.
The cost of this leave will be jointly covered by employers and the government. Depending on the sector, employers shall be responsible for paying the first one (1) or two (2) days of leave, with the remaining days – up to the full seven (7) days – funded by the Department for Social Security.
As with miscarriage leave, to recover the applicable cost of paid special parental bereavement leave, employers may submit an application to the Department for Social Security within 3 months from the date the employee took the leave.
By introducing these leave rights, Malta is placing employee wellbeing at the forefront of workplace policy, ensuring that individuals and families are given the space and support they need during moments of profound personal difficulty. These measures not only strengthen legal protection but also encourage employers to build more empathetic work environments.