These new rights aim to increase the quality of life of workers and families. These are paternity leave, parental leave, carers’ leave and the right to request flexible working arrangements for caring purposes. These regulations will be effective as from 2 August 2022.

At present, Maltese law provides for a maximum of two days paid for paternity leave for private sector employees, which varies by sector, and five days for public service employees. Under these new rights fathers or equivalent second parent as recognised by national law are granted a total of 10 paid days of paternity leave to be taken immediately after the birth or adoption of the child.

Parental leave is an individual right granted to each parent on the grounds of the birth or adoption of a child to enable them to take care of the child for a period of 4 months until the child is 8 years old. Under the new regulations, an employee may benefit from two paid months out of the entitlement of four months at the same rate established for the sickness benefit entitlement under the Social Security Act.

Carers’ leave is a new right of five days of unpaid annual leave per worker to take care of relatives in need of personal support or persons living in the same house hold with the worker for medical reasons.

Moreover, the new regulations stipulate that employees with children up to the age of eight (8) years, and carers, have the right to request flexible working arrangements for caring purposes.

Paternity leave is defined as leave from work for fathers or equivalent second parents, due to the birth or the adoption of a child to provide care for the child, irrespective of the worker’s marital or family status.

Yes, employees have the right to 10paid days of paternity leave to be taken immediately after the birth or adoption of the child.

Paternity leave is granted per birth, and not per child. Therefore, in the event of the birth of twins, the second parent shall be granted 10 days of paternity leave irrespectively.

No, such benefit shall not be retroactive. Therefore, the entitlement to 10 paid days of paternity leave as provided by L.N. 452.125 is only applicable upon the birth or adoption of a child which occurs on or after the 2nd August 2022.

No, by virtue of these Regulations, birth leave has been replaced by paternity leave. Hence, upon the implementation of the Regulations on 2nd August 2022, fathers and second parents are only entitled to paternity leave due to the birth or the adoption of a child.