The government's proposal to introduce miscarriage leave has drawn broad support from unions and employer organisations alike, although several parties involved have called for clearer definitions and further discussions before the measure is implemented.
The government on 9 April launched a consultation process on miscarriage leave, with the aim to gather feedback to help shape a responsible policy. An important point raised was that while official statistics report around 300 miscarriages annually, the true figure could be closer to 1,000 due to unreported cases.
This was one of the key reasons why, on International Women's Day, the Prime Minister had announced the start of discussions on the government's intention to legislate on miscarriage leave. The government said it aims to strengthen workers' rights and will cover all financial costs associated with its implementation.
The Malta Independent on Sunday asked employer bodies and unions for their views on the proposal.
The employers
The Malta Chamber of Commerce, Enterprise and Industry has responded positively to the government's announcement, expressing empathy for those experiencing pregnancy loss and recognising the government's commitment to fully fund the leave entitlement. The chamber acknowledged that many employers already voluntarily provide leave in such situations and said that formalising the practice would serve as a recognition of the emotional needs of grieving employees.
However, the chamber stressed that several important aspects of the proposal must be clarified before implementation. These include establishing a clear definition of a miscarriage, determining the medical confirmation process, clarifying how miscarriage leave would relate to bereavement leave in different pregnancy stages, and addressing the privacy concerns surrounding the disclosure of pregnancy and miscarriage to employers. The chamber highlighted the sensitivity of such information and noted that data protection obligations must be respected throughout.
Given the potential operational challenges for businesses, particularly in sectors where time-sensitive work is common, the chamber urged the government to design a comprehensive framework before the measure comes into force. This framework should ensure that employers of all sizes and sectors are properly informed of their obligations and provided with the necessary support mechanisms to implement the measure effectively.
The Malta Employers' Association expressed cautious support for the government's initiative, recognising the need for compassion in the face of tragic family circumstances. The association agreed that miscarriage leave should be considered as an addition to the existing framework of leave entitlements already present under Maltese law. However, it insisted that the financial burden of this new entitlement should be carried by the government, arguing that employers would already bear the operational impact of the worker's absence through disruption and productivity loss.
Regarding the legal structure of the measure, the association observed that while formalisation through legislation would ensure payment by the government, allowing miscarriage leave to remain a voluntary internal policy could offer greater flexibility to businesses. The association also pointed out that Malta's current employment laws provide some protection for women who miscarry. Under existing rules, a woman may avail herself of sick leave if she is certified as unfit for work by a doctor, and women who give birth to a stillborn child up to 14 weeks before the expected delivery date are eligible for maternity leave. Nevertheless, the Malta Employers acknowledged that these provisions do not extend to non-birthing partners, an issue the proposed miscarriage leave would address.
The association confirmed its support for the leave being extended to both partners, in the context of shared family responsibilities, and noted that the benefit should not be transferrable between partners. It downplayed the potential impact of the proposal on employee retention but acknowledged that it could improve morale within workplaces. Should the measure become statutory, the association said it would continue to engage with trade unions and policymakers during the consultation process, particularly on points that remain undefined, such as the gestational threshold after which a miscarriage would qualify for leave, the duration of entitlement and certification requirements.
The unions
The General Workers' Union (GWU), the country's largest trade union, expressed a strong support for the introduction of miscarriage leave, describing it as a necessary addition to Malta's labour framework. A spokesperson for the GWU noted that the union already has one collective agreement that covers miscarriage leave, emphasising the importance of focusing not only on economic growth but also on the social well-being of workers and their families.
The GWU stated that the leave should be formalised through subsidiary legislation and should apply to both birthing and non-birthing parents, regardless of marital status. "Both parents deserve the dignity to grief," the spokesperson said, adding that leaving such a provision to internal company policy would risk inconsistent application across workplaces.
The union believes that miscarriage leave should ideally be integrated into Malta's social benefits framework, alongside sick leave, maternity leave and injury leave. While discussions on the details have yet to begin, the GWU affirmed its commitment to advocate for miscarriage leave in every collective agreement moving forward. It also pledged to take an active role during national consultations, noting that all labour legislation is negotiated at the national level between trade unions, employer bodies and government representatives.
Similarly, the UHM Voice of the Workers voiced its support for the idea of miscarriage leave, while proposing that the leave should fall under the broader category of bereavement leave to ensure equal treatment for those experiencing the loss of a child during pregnancy or after birth. The union stressed that the emotional impact of a miscarriage is profound and argued that the benefit should be paid by the government, not by individual employers. Additionally, the UHM advocated for a more comprehensive framework surrounding compassionate leave, suggesting that a bi-partite fund, supported by both employees, could be established to cover such situations.
The UHM also highlighted the importance of offering bereavement therapy to support the mental health of grieving parents, pointing out that miscarriage is not merely a physical event but also a deeply emotional one. Furthermore, the union called for professionals across sectors - including HR and healthcare - to receive training on how to handle such sensitive situations appropriately. Should the miscarriage leave proposal require changes to legislation, the UHM stated that it expects the matter to be debated first at the Employment Relations Board.
The way forward
As it stands, the government has yet to publish the full details of the proposed miscarriage leave scheme, with discussions between the government, unions and employer bodies expected to commence in the coming months. The initial feedback from key parties involved indicates broad agreement on the need for formal recognition of the emotional and physical toll of miscarriage within Malta's labour laws. However, there is also a clear call for careful drafting and extensive consultation to ensure that the measure balances compassion with practical considerations for workers and businesses alike.
The proposal, which forms part of a broader set of family-friendly measures under discussion by the government, has placed the spotlight on the evolving nature of workplace benefits in Malta and the growing acknowledgement of mental health and emotional wellbeing as integral parts of employment policy. Whether the final legislative framework will satisfy all parties remains to be seen, but the message from unions and employer groups is clear: miscarriage leave is a step forward - provided it is introduced thoughtfully, transparently and with the necessary support in place.