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ALERT / AUGUST 6, 2026
Malta introduces paid miscarriage leave and extends special parental bereavement leave
4 MIN READ
Malta has introduced a new entitlement to seven days of government-paid leave for parents who experience a miscarriage before week 22 of pregnancy. Additionally, the paid leave entitlement for parents who experience the death of a child under the age of 18 has increased to seven working days. Previously, employees were entitled to either one or two days of paid leave, depending on the employment sector. Employers remain responsible for funding those initial one or two days of leave, with the government funding the remaining five or six days. These changes entered into force on 1 January 2026.
Background
Legal Notices 274 and 275 of 2025 were published in the Government Gazette on 2 December 2025, introducing the new miscarriage leave and extended parental bereavement leave entitlements. Both measures entered into force on 1 January 2026.
Key details
New government-paid miscarriage leave
Effective 1 January 2026, Malta introduced a new statutory entitlement to government-paid miscarriage leave. The table below outlines the previous and current entitlements following a pregnancy loss:
Before 1 January 2026 | From 1 January 2026 | |
Pregnancy loss before week 22 of pregnancy | No dedicated miscarriage leave entitlement. The employee who suffered the loss could take sick leave if supported by a medical certificate. | Each prospective parent is entitled to seven working days of government-paid miscarriage leave, regardless of gender, sexual orientation, civil status, or family status. This leave must be taken immediately following the miscarriage. |
Stillbirth / pregnancy loss from week 22 of pregnancy | Maternity leave applied only where the loss involved the birth of a stillborn child after seven months of pregnancy. | Maternity leave continues to apply, but the threshold has been redefined as from week 22 of pregnancy rather than seven months of pregnancy. |
Employees taking miscarriage leave must provide their employer with a medical certificate within two working days of returning to work. For the other prospective parent, the parent who miscarried must make a written declaration to be provided to the other prospective parent’s employer. This declaration must identify the other prospective parent and be signed by both parents.
Employees are entitled to full basic pay during miscarriage leave, which is initially paid by their employers, who may apply for full reimbursement of the payment from the Department of Social Security within three months.
Extended paid special parental bereavement leave
Previously, working parents were entitled to one or two days of employer-paid bereavement leave in the event of the death of a child under the age of 18, depending on the applicable employment sector and Wage Regulation Order. Employees in sectors not governed by a specific Wage Regulation Order, such as general administrative or clerical roles, were generally entitled to one day of paid bereavement leave. In sectors governed by a Wage Regulation Order, such as wholesale and retail trades, employees may have been entitled to one or two days of paid bereavement leave, depending on the applicable order.
From 1 January 2026, this entitlement has increased to a total of seven working days, regardless of sector. This leave must be taken on the next working day after the death, but the employee may request a postponement of up to two weeks.
The employer may request documentation confirming the death of the child upon the employee’s return to work.
Employees are entitled to full basic pay during this leave, which is initially paid by their employers. The employer is responsible for covering the costs of the first one or two days, which continues to depend on the applicable employment sector. The remaining five or six days are funded by the government. Employers may apply for reimbursement of the government-funded portion from the Department of Social Security within three months.
Employer action: ACT
Employers should update their employee handbooks, family leave policies, and related documentation requirements to reflect the changes. Additional guidance for employers is available on the Department of Industrial and Employment Relations webpages here (opens a new window) and here (opens a new window).
Further Information
L.N. 274 of 2025 | LEĠIŻLAZZJONI MALTA (opens a new window)
L.N. 275 of 2025 | LEĠIŻLAZZJONI MALTA (opens a new window)
Minimum Special Leave Entitlement Regulations | LEĠIŻLAZZJONI MALTA (opens a new window)
