Legal Notice 201 of 2022 has been published on the 13th July 2022 and will come into force on the 2nd August 2022. These regulations were enacted with the aim of transposing the EU Work-Life Balance Directive which was introduced and became part of EU law in August 2019.
This Legal notice aims to achieve equality between genders with respect to employment opportunities and fair treatment, by introducing the concepts of paternity leave, carers’ leave and flexible working arrangements in Maltese labour law, and by amending parental leave benefits in this respect.
Paternity leave
Fathers or equivalent second parents as recognised by national law, shall be entitled to 10 working days of paid leave, when the birth or adoption of one’s child. This right shall be granted to eligible workers irrespective of the period of employment or service, marital or family status.
Parental leave
Each parent is entitled to four months of parental leave, two of which are paid (at the same rate established for the sickness benefit entitlement under the Social Security Act) and are transferrable. This leave entitlement must be taken in intervals of at least two weeks. Alternatively, an agreement stipulating otherwise may be reached between the employer and the employee. Parents may benefit from this entitlement if they have been in employment with the same employer for a continuous period of at least twelve (12) months. Should an employee have an existing balance of parental leave when changing employer or employment, the leave balance is transferred accordingly.
Workers also have the right to request that they take the parental leave in a flexible manner, to which the employer, after considering the needs of the worker and employer, shall respond, and shall give reasons for the refusal in writing within 2 weeks from the request.
Flexible working arrangements
Workers with children up to 8 years of age, or carers, have a right to request flexible working arrangements, which may still be limited in duration and may be requested in the form of remote working, reduced hours, flexitime, or other means, taking into account the needs of both employer and worker.
Carers’ leave
This Legal notice introduces the concept of carers’ leave, granting every worker 5 days of unpaid leave to attend to the needs of persons, who also live within the same household, suffering from sickness and need support and care. Workers would need to provide proof of such sickness and requiring support.
The legal notice also provides workers with a right to request to return prematurely to the original working arrangements and pattern, before the end of the agreed period, where a change in circumstances is justified.