- within Strategy, Litigation, Mediation & Arbitration and Criminal Law topic(s)
- with readers working within the Securities & Investment industries
Over the last few days, two new legal notices have been published – L.N. 274 of 2025 and L.N. 275 of 2025.
L.N. 274 of 2025, entitled the Miscarriage Leave Regulations, will come into force on the 1st January 2026. The Regulations introduce a period of paid leave to all workers in the unfortunate event of a miscarriage. This right is irrespective of gender or sexual orientation, civil or family status and irrespective of whether the workers are engaged in the public or private sector. The Regulations apply whether such miscarriage occurs in Malta or abroad.
The Regulations define miscarriage as the spontaneous loss of pregnancy due to natural causes or medical complications or the termination of pregnancy resulting from a medical intervention carried out in accordance with article 243B of the Criminal Code. In either case, the loss or termination must occur before the twenty second (22nd) week of pregnancy, reason being that loss or termination occurring after the 22nd week falls under the scope of maternity leave in terms of the applicable law.
The core provision of the new regulations states that every worker is entitled to seven (7) working days of miscarriage leave without loss of wages, which shall be availed of immediately after the occurrence of a miscarriage. The law emphasized the importance of the utilisation of miscarriage leave immediately following the miscarriage. It must be noted that this entitlement applies on an individual basis to both the worker who suffers the miscarriage and to the other prospective parent.
The employer shall have a right to get a refund of the payment related to miscarriage leave from the Department of Social Security. Indeed, employers will have a right to file an application with the Department for a refund within three (3) months from when the miscarriage leave would have been availed of.
The right to miscarriage leave is not being made subject to a period of work qualification or to a length of service qualification. It is an independent leave granted by law. The law makes it clear that the entitlement to miscarriage leave is not conditional upon any disclosure of the pregnancy to the employer prior to the occurrence of the miscarriage.
As with all other entitlements at law, the employer has a right to request relevant documentation certifying the occurrence of the event. Indeed, workers who avail themselves of miscarriage leave shall, by not later than two (2) working days from their return to work, provide to the employer a medical certificate issued by a registered obstetrician or gynaecologist specifying names and dates and confirming that the miscarriage took place prior to the twenty second (22nd) week of pregnancy. In order for the other prospective parent to be entitled to miscarriage leave from the latter's employer, a declaration shall be made by the worker who suffered the miscarriage wherein the worker shall indicate the name, the surname and the identification document number of the other prospective parent. Such declaration shall be signed by the worker who suffered the miscarriage and counter-signed by the other prospective parent.
The law makes it clear that any personal data obtained by the employer in connection with miscarriage leave shall be processed in accordance with the principles of security and confidentiality of the personal data and in terms of the applicable laws on data protection, so as to ensure the prevention of unauthorised access to, or use of personal data. In fact, access to such personal data shall be strictly limited to persons who, by reason of their duties, are directly involved in the administration of miscarriage leave and the employer shall ensure that such persons are bound by an obligation of confidentiality.
During miscarriage leave, rights that have been acquired or that are in the process of being acquired by workers on the date when miscarriage leave commences shall be safeguarded for the duration of such leave. At the end of such leave, all accrued rights shall apply, including the workers' right to return to their jobs and to benefit from any improvement in working conditions to which they would have been entitled had they not taken the miscarriage leave.
Legal Notice 275 of 2025 amends the Minimum Special Leave Entitlements Regulations (S.L. 452.101). This new legal notice stipulates that from the 1st January 2026, workers will be eligible for special parental bereavement leave. This is defined as leave granted to the employee without loss of wages on the occurrence of the death of a child under the age of eighteen (18) years, without prejudice to bereavement leave granted by law. This entitlement will cumulatively be of seven (7) working days.
The employer shall pay for the special parental bereavement leave granted by the WRO or by the Minimum Special leave Entitlement Regulations and can claim the remainder from the Social Security Department if the application is made within three (3) months from the utilisation of special parental bereavement leave. In the same manner as miscarriage leave, if the application is not made within three (3) months then the employer forfeits the right to claim a refund. The refund only applies in relation to the Special Parental Bereavement Leave.
With the introduction of these new employment rights, we are seeing a meaningful move in the right direction from the government—one that prioritises family unity, clarity, and wellbeing in the workplace. While there is still more progress to be made, these reforms signal a growing commitment to creating a more balanced and supportive environment for both employees and employers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
