Miscarriage, bereavement leave to come into force from January 1

Women who miscarry and their partners will be granted seven days of paid work leave covered by the government as of January 1 next year.

The introduction of miscarriage leave is just one of a series of social measures announced on Saturday which are aimed at supporting families, primarily those who experience pregnancy loss or parents who lose minor children.

The package also includes a legal amendment granting mothers who deliver a stillborn baby after 22 weeks of pregnancy full maternity leave. Previously they were not entitled to any leave.

Last month both the government and the opposition voted unanimously to extend leave for those who have a miscarriage five months into their pregnancy.  

Speaking at a press conference, the Parliamentary Secretary for Social Dialogue Andy Ellul the measures are intended to support parents “during the most sensitive moments of their lives”.

Following a national consultation on miscarriage leave, the measures will now come into force holistically on January 1, 2026.

Ellul said the miscarriage leave will apply to all couples, whether married or not, including same-sex couples.

It will be granted to couples where the woman miscarries before the 22^nd week of pregnancy, according to World Health Organisation guidelines.

“No worker will be denied this leave,” Ellul said, adding it will apply to full-time and part-time employees in both public service and the private sector. Part-time employees will be paid on a pro-rata basis.

The leave will also apply to self-employed workers with payment based on the median wage, equivalent to double the national minimum wage.

A medical certificate will be required from the woman’s gynaecologist to enable her to apply for this leave but the certificate should not include case details so as to protect the couple’s privacy during such a sensitive time.

Ellul added that thanks to collaboration with the Ministry for Social Policy and Children’s Rights, these couples will be provided with psychological support, free of charge, through Positive Parenting Malta.

He insisted that employers “must treat each case with the utmost confidentiality” adding that social partners have issued guidelines which will be available online.

The consultation process also produced three additional points which have been implemented as part of the social measures package.

Women who miscarry will now be treated at Early Pregnancy Units which were recently  opened at Mater Dei Hospital and Gozo General Hospital away from couples who had just given birth.

Meanwhile, parents who lose a minor child will now be entitled to seven working days leave, up from one or two days currently permitted. The additional leave will be paid by the government and without loss of salary.

This bereavement leave will also apply to all types of workers in both the public and private sectors, in full and part-time employment, as well as self-employed.

“While financial and psychological assistance cannot remove the pain of parents’ loss, together we are sending a message to these families that they are not alone and are deserving of rest and privacy,” Ellul said.