Government proposes new paid miscarriage leave for both partners

Employees who experience a miscarriage before the 22nd week of pregnancy will be entitled to seven consecutive days of fully paid leave under new government proposals, Parliamentary Secretary for Social Dialogue Andy Ellul announced during a press conference.

The leave will be funded entirely by the Government to ensure that employers do not face any financial burden. Payment will be calculated based on the median wage, which is slightly more than double the national minimum wage.

Importantly, the measure is not limited to women alone. It will also apply equally to their partners, including same-sex partners, marking a shift toward a more inclusive policy.

The entitlement will cover workers in both the public and private sectors, as well as agency workers and self-employed individuals. Part-time workers will also be eligible on a pro-rata basis.

To apply, the affected individual will only need to provide a medical certificate from a gynaecologist. This certificate will not be required to include any specific details about the miscarriage and may also be used by the partner to apply for leave. Dr Ellul emphasised that privacy is paramount, and employers will receive specific guidelines on how to handle such cases with respect, dignity, and confidentiality.

Employees who take this leave will retain their right to return to the same role without prejudice or any loss of workplace conditions. Furthermore, eligibility will not depend on whether the pregnancy had been disclosed to the employer prior to the miscarriage.

Recognising the emotional and psychological toll of miscarriage, the Government will also offer psychological support to couples as part of the proposal, aiming to help them cope with the trauma involved.

A national anonymous registry will be established to track uptake of the leave, providing the Government with accurate data to assess the policy’s effectiveness and expand on it if needed.

Dr Ellul explained that the proposals are the result of wide public consultation, including national conferences that brought together medical experts, workers, employers, families, and individuals who have personally experienced miscarriage.

He concluded that Malta’s economic growth has created the fiscal space to introduce socially just measures like this one. The policy, he said, reflects the Government’s commitment to ensuring that laws respond to real-life situations, including the sensitive reality of miscarriage and the recovery it necessitates in the world of work.