S.L. 452.138 Art. 3Entitlement to miscarriage leave.

(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 basis. pro rata

(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.