Leave


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Vacation Leave
Description
Vacation Leave entitlements to employees. In 2019, an employee working 40 hours per week is entitled to 208 hours of paid annual leave. whilst employees who work on Part-Time and Reduced Hours are also entitled to vacation leave on a pro-rata basis, according to their total hours of work.

Questions

Answers

How much vacation leave is an employee entitled to?

An employee working an average of 40 hours per week is entitled to 200 + 8 hours of paid annual leave. If such average normal hours (excluding overtime) is below or exceeds 40 hours per week, the vacation leave entitlement in hours should be adjusted accordingly.

From when does vacation leave start to accrue?

Vacation leave starts to accumulate as from commencement of employment.

How much is the vacation leave entitlement of a worker who is employed for less than one calendar year?

When an employee is in employment for less than one calendar year, s/he shall be entitled to a proportionate amount of annual leave.

Can employees choose to take leave whenever they want to?

 

Though it is the employee’s right to choose when to apply for leave, the application for leave has to be approved by the employer before an employee can proceed with leave. The employer may approve or refuse an application for leave, taking into consideration the exigencies of work.

Can an employee be allowed to avail leave in hours as part of his/her working day?

By mutual agreement with the employer, leave can be taken in hours. Otherwise, if there is no agreement between the employer and the employee, leave has to be availed of as a whole day.

Is it possible for an employee to get paid for the annual leave instead of availing the entitlement?

A minimum period equivalent to four weeks (160 hours) cannot be replaced by any allowance, except where the worker’s employment is terminated.

Can vacation leave be carried forward to the following year?

The employee should seek to utilise his/her vacation leave entitlement during the same calendar year when it is due. If not applied for, the employee cannot claim payment. It is only possible to carry forward up to 50% of the annual leave entitlement to the following year if there is an agreement with the employer.

If an employee has his/her employment terminated, what happens to the outstanding vacation leave of the year that is due to the employee upon termination date?

Upon termination from employment, an employee has the right to claim financial compensation for any balance of outstanding leave that is due.

 

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Urgent Family Leave​​
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Description
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Question

Answer

What arrangements are there for an employee to take urgent leave for private and personal reasons?

The employee is entitled to a total of fifteen hours with pay per year as time off for urgent family reasons. These hours are to be deducted from the annual leave entitlement of the employee. Such urgent leave has to be related to cases of sickness or accident to members of the immediate family of the employee.

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Sick Leave​​ ​​ ​
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Description​​ ​​ ​
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​Sick Leave entitlement
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Questions

Answers

How much is the amount of sick leave entitlement?

The amount of sick leave varies substantially according to the relevant sector of industry. The applicable amount of sick leave entitlement is provided in:

The relevant WRO that regulates the specific sector of industry; or

Where the sector is not covered by a WRO, an employee is entitled to two working weeks of sick leave annually (calculated in hours).

If an employee needs to go for blood donation or to attend hospital as an outpatient, is this absence from work deducted from his/her sick leave entitlement?

In occasions of sickness, a medical certificate has to be presented to the employer. If the absence from work is not covered by a medical certificate, other arrangements (like applying for leave) have to be sought.

What happens if an employee exceeds all his/her sick leave entitlement?

The employer is only required to issue wages for the amount of sick leave entitlement provided by law. If an employee remains sick after having exhausted all the sick leave entitlement, s/he will only continue to receive the Sickness benefit from the Social Security to which s/he may be entitled.

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Injury Leave​ ​​ ​​ ​
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Description​ ​​ ​​ ​
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​Injury leave hours and accrued entitlements.

Questions

Answers

Does an employee get paid if injured while on duty?

Yes, employees are entitled to a maximum period of one year injury leave on full pay, less the full amount of any injury benefit to which such employee may be entitled in terms of the Social Security Act, if s/he is injured during the actual discharge of his duty and not due to contributory negligence on her/his part or to any contravention of safety rules laid down by the employer.

While being on Injury Leave, do accrual of annual leave and bonuses continue?

Yes, vacation leave and bonuses will continue to accrue.

Marriage Leave​​
Description
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Additional leave which is granted to employees who have just married.​

Question

Answer

If an employee gets married is s/he entitled to any special leave?

Employees are entitled to paid marriage leave according to the relevant Wage Regulation Order that regulates the specific sector of industry in which they are employed. The entitlement may vary depending on the regulation. Where the type of activity of work is not regulated by any W.R.O., the employee is entitled to two working days as marriage leave.

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Jury Service Leave​ ​​ ​​ ​
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Description ​​ ​​ ​
​Additional leave which is granted to employees who are called for jury service.

Question

Answer

If an employee is called for jury service, will this absence from work be deducted from the vacation leave entitlement of the employee?

No. The employee enjoys jury service leave without loss of wages as long as it is necessary.

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Court Witness Leave​​ ​​ ​
Description
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​Leave to serve as witnesses in court.
Question

Answer

Is an employee who is summoned to appear in court as a witness entitled to special leave?

There is no entitlement at law to special leave to attend court as a witness except in the case of workers in the hospital and clinics sector who are allowed special paid leave to attend court as witness in relation to police cases.

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Bereavement Leave
Description
​Bereavement leave is additional leave which is granted to an employee on the occasion of the death of the spouse, parent, son, daughter, brother or sister of the employee.

Question

Answer

An employee’s family member passed away, is s/he entitled to any special leave?

If the conditions of work of an employee are regulated by a Wage Regulation Order, the worker is allowed paid bereavement leave on the occasion of the death of a wife, civil partner, husband, mother, father, son, daughter, brother or sister of the employee. The entitlement may vary depending on the Wage Regulation Order. Where the type of activity of work is not regulated by any W.R.O., the employee is entitled to one working day bereavement leave.

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Birth Leave​ ​​ ​​ ​
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Description​​ ​​ ​
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​Birth leave is additional leave granted to a father on the occasion of the birth of his child.
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Question

Answer

Does the birth of a child entitle the employee to additional leave?

If the conditions of work of an employee are regulated by a Wage Regulation Order, the worker is allowed birth leave on full pay on the occasion of the birth of a child to his wife. The entitlement may vary depending on the Wage Regulation Order. Where the type of activity of work is not regulated by any W.R.O., the employee is entitled to one working day birth leave. In the case of a birth of twins, the entitlement is double.

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Maternity Leave
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Description
​Additional Leave entitlement in case of maternity.

Questions

Answers

What is the amount of maternity leave that an employee is entitled to?

A pregnant employee can resort to maternity leave for an uninterrupted period of eighteen (18) weeks:

·  First fourteen (14) weeks with full wages paid by the employer,

· Remaining four (4) weeks are optional and unpaid by the employer. However, if the employee chooses to avail herself of the four weeks optional maternity leave, or part thereof, the employee can apply to the Maternity Leave Benefit in terms of the Social Security Act to which the employee may be entitled.

How should maternity leave be availed of?

The employee has to notify her employer in writing of the date when she intends to avail herself of such entitlement at least four weeks before its commencement, in so far as is reasonably practicable. The employee is obliged to avail herself of six (6) weeks of the total entitlement immediately after the date of confinement. Another four (4) weeks are to be taken immediately before the expected date of confinement, unless agreed otherwise between the employer and the employee. The remaining balance of entitlement to be availed of, in whole or in part may be taken, either immediately before or immediately after the aforementioned periods, as the employee may decide.

Is a pregnant worker entitled to take time off to attend ante-natal examinations?

An employee is entitled to time off without loss of pay or any other benefit, in order to attend ante-natal examinations, if such examinations have to take place during her hours of work.

When an employee resumes work after maternity leave, does she have the right to be reinstated in her former post?

On termination of maternity leave, the employee has the right to resume work in the post formerly occupied on the commencement of the maternity leave and if such post is no longer available, to a related post.

What are the consequences if an employee resigns from work immediately after making use of her maternity leave?

Where a female employee resigns from employment without good and sufficient cause within six months from the date she  resumes work after availing herself of maternity leave, she shall be liable, to pay the employer a sum equivalent to the wages she received during such maternity leave.

Should an employee who is pregnant, breastfeeding or has recently given birth be exposed to hazards at the place of work?

If there are risks at work that could jeopardise the employee’s health and safety and/or the pregnancy, such employee is entitled to special maternity leave as long as the risk exists.

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Parental Leave
Description
Unpaid Parental Leave applicable to employees who are parents, adoptive parents or foster carers.​

Questions

Answers

What are​ the rights of an employee if s/he needs to take a period of time-off from employment to be able to look after his/her children?

Both male and female workers who have been at least 12 months in continuous service with their employer have the individual right to be granted unpaid parental leave on the grounds of birth, adoption, fostering or legal custody of a child to enable them to take care of that child for a period of four months until the child has attained the age of eight years.

If an employee who has used parental leave changes his/her employer, is he/she entitled to a fresh parental leave entitlement?

The employee’s balance of parental leave is transferred to the new employment. The employee is not entitled to a fresh parental leave entitlement.

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Adoption Leave
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Description
Additional Leave applicable to employees who are the parents of an adopted child.​
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Questions

Answers

What is the leave entitlement in case of an adoption?

Parents in employment shall be entitled to uninterrupted adoption leave of 18 weeks, 14 weeks of which are to be paid with full wages. The employee may apply for benefits from the Department of Social Security for the last 4 weeks which are not paid by the employer.

Are both parents entitled to this adoption leave?

If both persons are in employment, then the 18 weeks can be split as agreed in writing by the parents. If only one person is in employment, then the 18 weeks may be enjoyed by that parent. The same applies to a single parent.

When may I take adoption leave?

Adoption leave may be taken whenever a child is adopted and shall start from the date when the child passes into the care and custody of adoptive parent or parents.

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IVF Leave
Description
​Paid Leave applicable to prospective parents who undergo IVF treatment in Malta or abroad.

Questions

Answers

What is the leave entitlement in cases where a couple needs to go through IVF treatment?

Prospective parents who undergo IVF treatment in Malta or abroad are entitled to 100 hours of leave with full pay. These 100 hours shall be shared with 60% going to receiving parent and 40% going to the other prospective parent. These 100 hours may be used in a non-continuous manner. Additionally, these 100 hours shall be available for up to 3 IVF processes.

What is the leave entitlement in cases where a couple needs to go through IVF treatment if only one person is employed?

If only one prospective parent is employed, that person shall be entitled to 60 hours if it is the receiving person or 40 hours if it is the other prospective parent.

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​CONTACT INFORMATION:

 Contact Name

Department for Industrial and Employment Relations 
121, Melita​​ Street,
Valletta - Malta 
VLT 1121
View map​
 Tele​phone​
(+356) 21224245/6​​

 Email