The Malta Independent 8 May 2025, Thursday
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TMID Editorial: A welcome consensus on miscarriage leave

Thursday, 8 May 2025, 10:03 Last update: about 7 hours ago

The rare convergence of opinion between unions and employer organisations on the issue of miscarriage leave presents the government with a unique opportunity and a responsibility to legislate swiftly and decisively. With the formal consultation process now underway, the near-universal support for the proposal should embolden policymakers to move beyond debate and toward concrete action. The emotional and physical toll of miscarriage, long overlooked in labour law, demands timely recognition and compassionate policy intervention.

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It is heartening to see that both employers and trade unions recognise the significance of this issue. The Malta Chamber of Commerce and the Malta Employers' Association have acknowledged not only the need for empathy but also the operational and legal clarity required for smooth implementation. At the same time, the General Workers' Union and UHM Voice of the Workers have stressed the importance of universal access to miscarriage leave, highlighting its role in workplace equity, mental health support, and shared family responsibilities.

This widespread consensus is more than a show of goodwill; it is a signal that miscarriage leave is not a controversial or fringe idea, but a mainstream labour issue that reflects the evolving realities of today's workforce. Crucially, the government has committed to covering the financial burden of the leave, thereby removing one of the main points of friction that often stalls the introduction of new entitlements. With cost considerations effectively addressed, the only obstacle remaining is the absence of a legal framework - and that can and should be resolved without delay.

The benefits of legislating miscarriage leave are clear. It offers grieving employees the space to process their loss without fear of economic hardship or job insecurity. It also recognises that both birthing and non-birthing partners experience the pain of miscarriage - a fact often ignored in traditional leave policies. Furthermore, formal legislation avoids the inconsistency of relying on internal company policies, which can vary dramatically between workplaces. As the GWU rightly points out, dignity in grief should not depend on one's employer.

The proposal addresses a major gap in Malta's current labour protections. Existing provisions do not cater for earlier pregnancy loss, nor do they account for non-birthing partners. In practice, this means many grieving employees are either left without support or must use their sick leave - an inadequate and often stigmatising solution. By introducing specific miscarriage leave, the government would bring labour law into closer alignment with the lived experiences of workers and their families.

Of course, the concerns raised by employer bodies must be taken seriously. Definitions need to be precise. The threshold for eligibility, the process for certification, and data privacy protections all require thoughtful drafting. These technical issues are legitimate, but they are not insurmountable. They can and should be addressed through the ongoing consultation process and by drawing on the experiences of other jurisdictions that have implemented similar policies.

The government has already signalled its intent, and the feedback so far confirms that the time is right. What is needed now is decisive leadership to transform consensus into law.

Malta has an opportunity to lead by example, setting a standard for compassionate, inclusive labour policy. The government should seize this moment - not just because it has the support, but because it is the right thing to do.

 


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