Malta: paid paternity and parental leave officially established

On 12 July 2022 the EU Directive of 20 June 2019 on the work-life balance of parents and carers (c.f. article No. 11231) was transposed into Maltese law by way of Legal Notice 201 entitled, Work-Life Balance for Parents and Carers Regulations. Fathers and equivalent second parents are to be entitled to ten days’ paid leave after the birth or adoption of their child (c.f. article No. 13121), irrespective of family or marital status, whereas previously they were only entitled to one day’s birth leave. Eligibility for this leave is not subject to the period of work or length of service undertaken. In addition, while each parent is still entitled to four months’ parental leave, two months are now to be paid (at the same rate as that used to calculate sickness benefit entitlement under the Social Security Act). While, previously Maltese legislation imposed non-transferability of parental leave from one parent to another for all the four months, the non-transferability is now only applicable to the first two months. In case of a change of company, the employee can carry over any unused part of the parental leave. Another major change brought about by the new regulation is the creation of a Carer’s leave entitlement. Employees who have relatives or people living in their homes who need care and support are entitled to five working days of unpaid leave per year. They can also ask their employer for flexible working conditions (teleworking, flexible hours and reduced working hours). The new text will enter into force on 02 August 2022, the deadline set by the EU directive, and will apply to all employment contracts, including fixed-term and part-time contracts.