MISCARRIAGE LEAVE REGULATIONS

SUBSIDIARY LEGISLATION 452.138

MISCARRIAGE LEAVE REGULATIONS

1st January, 2026

LEGAL NOTICE 274 of 2025 .

(1)

The title of these regulations is the Miscarriage

Leave Regulations.

(2)

The purpose of these regulations is to establish the

requirements to grant a period of paid leave to workers in the context

of a miscarriage, whether such miscarriage occurs in Malta or abroad.

(3)

These regulations shall apply to all workers, regardless

of gender or sexual orientation, who have a contract of employment or

employment relationship as defined in the Act, in collective

agreements or practice in force.

In these regulations, unless the context otherwise

requires

"Act" means the Employment and Industrial Relations

Act;

"Department" shall have the same meaning as assigned

to it in the Social Security Act;

"miscarriage" means

(a)

the spontaneous loss of pregnancy due to

natural causes or medical complications; or

(b)

the termination of pregnancy resulting

from a medical intervention carried out in accordance

with article 243B of the Criminal Code,

which loss or termination occurs before the twenty

second (22nd) week of pregnancy;

"other prospective parent" means any person, regardless

of gender or sexual orientation, who is identified as such in

accordance with these regulations;

"pro rata" shall have the same meaning as assigned to it

in article 2 of by the Act

Provided that

(a)

where the worker is in part-time

employment on a variable time schedule, the working

hours per week shall be calculated as the average number

of hours of work per week spread over successive thirteen

(13) week periods commencing on the first (1st) of

January of each calendar year; and

(b)

where the employee has not been in part-

time employment for a period of thirteen (13) weeks, the

average number of hours of work per week shall be

calculated over the number of weeks in employment;

"worker" shall have the same meaning as assigned to it by

the Act.

(1)

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.

(2)

The entitlement referred to in sub-regulation (1) shall

apply on an individual basis to both the worker who suffers the

miscarriage and the other prospective parent and shall be granted

irrespective of gender, sexual orientation, civil or family status.

(3)

The employer shall have the right to file an application

with the Department for a refund of the payment relating to miscarriage

leave within three (3) months from when the miscarriage leave would

have been availed of

Provided that if the application is not submitted in the

stipulated time, the employer forfeits the right from submitting the

application with the Department for reimbursement.

(4)

The right to miscarriage leave shall apply to every

worker, whether employed on a full-time or part-time basis, and

whether engaged on an indefinite or fixed-term contract

Provided that workers employed on a part-time basis shall

be entitled to miscarriage leave on a pro rata basis.

(5)

The right to miscarriage leave shall not be subject to a

period of work qualification or to a length of service qualification.

(6)

Miscarriage leave is to be granted independently and

irrespectively of any other kinds of leave granted by the Act or by any

legislation made thereunder.

(7)

In the case that the worker had pre-approved vacation

leave which coincides with the same period during which the worker is

eligible for miscarriage leave, the worker shall have the option to either

retain such pre-approved vacation leave or utilise the miscarriage

leave

Provided that if the worker opts to utilize the pre-approved

vacation leave, the worker forfeits the right to make use of the

miscarriage leave, since the said miscarriage leave should be taken

immediately following the miscarriage.

(1)

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.

(2)

The medical certificate referred to in sub-regulation (1)

shall

(a)

indicate the name, the surname and the

identification document number of the worker who

suffered the miscarriage;

(b)

specify the date on which the miscarriage

occurred; and

(c)

confirm that the miscarriage took place

prior to the twenty second (22nd) week of pregnancy.

(3)

In order that the other prospective parent shall be entitled

to miscarriage leave, 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.

(4)

The worker who suffered the miscarriage and the other

prospective parent shall not be required by the employer to submit any

additional documentation, apart from the medical certificate referred

to in sub-regulation (2) and the declaration referred to in sub-

regulation (3).

(5)

The entitlement to miscarriage leave shall not be

conditional upon any disclosure of the pregnancy to the employer prior

to the occurrence of the miscarriage.

(1)

Any personal data obtained by the employer in

connection with miscarriage leave, including but not limited to the

medical certificate and the declaration referred to in regulation 4, shall

be processed in accordance with the principles of security and

confidentiality of the personal data, in a manner to ensure the prevention

of unauthorised access to, or use of personal data.

(2)

Without prejudice to sub-regulation (1), the employer shall

ensure that such personal data is processed solely for the purpose of

administering the miscarriage leave and in accordance with the

provisions of Regulation (EU) 2016/679 of the European Parliament and

of the Council of 27 April 2016 on the protection of natural persons with

regard to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (the General Data

Protection Regulation) and the Data Protection Act, including the

regulations made thereunder.

(3)

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.

(1)

A register shall be established and maintained with

strict confidentiality and subject to appropriate technical and

organisational measures by the Department, which Department shall be

the controller of data. Such register shall identify the workers who

would have availed themselves of miscarriage leave and the employer

who would have submitted an application for reimbursement in

accordance with these regulations. The Director General of the

Department of Industrial and Employment Relations and any official

acting on behalf of the said controller shall have access to such register

where duly registered.

(2)

Any personal data obtained by the Department for the

purpose of these regulations shall be processed in accordance with the

provisions of Regulation (EU) 2016/679 of the European Parliament

and of the Council of 27 April 2016 on the protection of natural persons

with regard to the processing of personal data and on the free

movement of such data, and repealing Directive 95/46/EC (the General

Data Protection Regulation) and the Data Protection Act, including the

regulations made thereunder.

(1)

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 rights, including any changes arising from

the law, collective agreements or practice, shall apply.

(2)

At the end of the miscarriage leave, workers shall be

entitled 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.

Discrimination against workers on the ground that they

have availed themselves of miscarriage leave shall be prohibited.

Without prejudice to article 28 of the Act, no worker or

any worker being the employees’ representative, submitting a

complaint to the employer or initiating legal proceedings against the

employer for the purpose of enforcing compliance with the

requirements established in these regulations, shall suffer from any

adverse treatment or consequences.

(1)

Any dismissal or preparations for the dismissal of

workers, even during the probationary period, on the grounds that they

have applied for and, or availed themselves of miscarriage leave shall

be unlawful.

(2)

Workers who consider that they have been dismissed on

the grounds that they have applied for and, or have taken miscarriage

leave may request the employer to provide duly substantiated reasons

for their dismissal. Such reasons shall be provided by the employer in

writing, within fifteen (15) calendar days from such request.

(3)

Where a worker establishes before a competent authority,

facts capable of giving rise to a presumption that he has been

dismissed on the grounds of having applied for and, or availed himself

of miscarriage leave, it shall be the responsibility of the employer to

prove that the dismissal was based on other grounds.

If a dispute arises between an employer and an employee

regarding the entitlement of miscarriage leave or any other related

matter, then either the employer or the employee may refer the matter

to the Director General of the Department of Industrial Relations and

Employment who shall act as a mediator between the parties. Any

mediation conducted in accordance with this regulation is without

prejudice to any other remedy in terms of law.

Miscarriage leave shall also be applicable to service with

the Government.

Any person who contravenes or fails to comply with any

provision of these regulations shall, without prejudice to any other

right or remedy under any other law, be guilty of an offence against the

Act and shall on conviction be liable to the punishments established by

article 45 of the Act.