Years later, Miscarriage Leave and Parental Leave reforms remain outstanding

Three years after Parliament unanimously backed a motion calling for paid miscarriage leave before 24 weeks’ pregnancy, there is still no legislation in place.

GBC has been seeking an update on its progress since November. No response has been received.

The Government has previously said the issue is being addressed as part of wider parental leave reforms, with plans for shared parental leave announced in 2019.

And, in his Budget address earlier this month, Christian Santos said the Government was moving forward with Jack’s Law, under which bereaved parents would be entitled to two weeks’ statutory leave following the death of a child.

The Government first announced the introduction of Jack’s Law in 2020. However, the Equality Minister later confirmed that the changes have been implemented to the Civil Service, rather than through legislation applying to the private sector.

The paid miscarriage leave motion was brought in 2023 by then Opposition MP Elliott Phillips.

It received unanimous backing in Parliament after Government amendments proposed by the Chief Minister extended the measure to include termination of pregnancy.

At the time, Fabian Picardo said a Command Paper would follow, allowing for consultation and legal checks before draft legislation was prepared.

Asked about progress in Parliament last year, Equality Minister Christian Santos said the proposal remained under consideration as part of a wider review of parental leave legislation.

He said Government departments, employers and other organisations had been consulted, with different options being considered to balance the needs of employees and businesses.

The wider parental leave reforms themselves have also been promised for a number of years. In his first Budget address in 2024, Mr Santos said work on shared parental leave was ongoing.

At present, Gibraltar has 14 weeks statutory maternity leave, but no statutory paternity leave. The law on this dates back to 1996.

Public sector fathers receive ten paid working days, while provision in the private sector depends on individual employers. 

Plans to introduce shared parental leave were first announced in 2019, when Government said proposals were already at “an advanced stage”.

Seven years later, more than 2,000 children have been born in Gibraltar, yet the legislation has still not been introduced.