By Désirée Attard, published on March 7, 2025
In this day and age, discourse on juggling work, family responsibilities, and personal wellbeing is nothing new. There is resounding evidence that being overworked can severely impact our quality of life, and many initiatives are taking shape to preserve our individual and collective wellbeing.
So how does Maltese law protect workers and their families? This article provides insight into the main rights at law, as effective following the 2022 transposition of Directive (EU) 2019/1158 on work-life balance for parents and carers.[1]
Parental Leave
Who is entitled to parental leave?
Every working parent is entitled to parental leave, as long as they have been working at the same place of employment for at least twelve months. That parent can be either in full- or part-time employment.
Parental leave is over and above maternity and paternity leave – leave entitlements which are both explored later on in this article.
How long is parental leave?
Each parent is entitled to a total period of four months of parental leave for every birth, adoption, fostering, or having legal custody of a child.
Is parental leave paid?
Generally speaking, two of the four months of parental leave are paid at the same rate as that established for sickness benefit entitlements. However, there are exceptions to this rule, described further on in this article.
When can parental leave be taken?
The parent may avail themselves of this leave at any time up until the child reaches the age of eight years.
The four months can be taken up all at once, or staggered over the years. If the parent chooses to take the entirety of the leave entitlement together, that parent is paid as follows:
– If the child is still under the age of four years, only four weeks are paid;
– If the child is between four and eight years old, only two weeks are paid.
In any case, the worker should alert their employer with their intention to use their parental leave at least two weeks in advance.
Can parental leave be transferred between parents?
Only two of the four months can be transferred from one parent to the other.
Paternity Leave
Who is entitled to paternity leave?
Parents who did not give birth (i.e. fathers or second parents) are entitled to paternity leave.
How long is paternity leave?
Ten working days.
Is paternity leave paid?
Yes, it is paid in full.
When can paternity leave be taken?
Paternity leave can only be taken when the child is born or adopted.
Maternity Leave[2]
Who is entitled to maternity leave?
Any working parents who are pregnant, breastfeeding, or have recently given birth are entitled to maternity leave.
How long is maternity leave?
An uninterrupted period of eighteen weeks.
Is maternity leave paid?
Fourteen out of the eighteen weeks of maternity leave are paid in full.
When can maternity leave be taken?
At least four weeks have to be taken immediately before the expected date of birth, and at least another six weeks have to be taken immediately after said birth. The remaining leave can be taken immediately before, or after, at the pregnant employee’s discretion.
Carers’ Leave
Who is entitled to carers leave?
Workers who are taking care of a relative or any person living with them.
How long is carers’ leave?
Workers are entitled to at least five days per year.
Is carers’ leave paid?
No.
When can carers’ leave be taken?
Workers can use carers’ leave when they are able to provide medical proof that the relative or person in their care needs support.
Flexible Working Arrangements
As of 2022, working parents with children up to the age of eight years can also request flexible working arrangements, which include reduced hours, teleworking, remote working, and flexitime.
Once requested, employers are duty-bound to consider this request within two weeks. If the request is refused, the employer must give justified reasons for their decision.
Where a request is accepted, such working arrangements can also be temporary in nature, and the worker can request to return to their original working style or routine.
In all cases, where a worker makes use of any entitlement granted to them by law, that worker has the right to return to their original job or arrangement once that entitlement ends. This also includes the right to receive any improvement in working conditions to which they would have been entitled to had they not made use of the entitlement in question.
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This article does not constitute legal advice. While all efforts are made to ensure that the information provided on this website is up to date, some information, material, or content may not be the most recent. For personal legal advice, we kindly ask that you contact us for an appointment.
[1] As transposed by the Work-Life Balance for Parents and Carers Regulations (LN 201 of 2022)
[2] In line with the Protection of Maternity (Employment) Regulations (SL 452.91)
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