Managing employee leave entitlements in Malta requires a clear understanding of local labor laws and regulations. These policies are designed to ensure employees receive adequate rest, time off for illness, and support for significant life events, contributing to a healthy and productive workforce. Employers operating in Malta, or employing individuals there, must adhere to these statutory requirements to remain compliant.
Maltese law provides specific minimum entitlements for various types of leave, including annual vacation, public holidays, sick leave, and parental leave. Understanding these provisions is crucial for effective workforce management and ensuring fair treatment of employees in line with national standards.
Annual Vacation Leave
Employees in Malta are entitled to a minimum amount of paid annual leave. This entitlement is calculated based on a 40-hour working week, spread over five days. The minimum statutory entitlement for annual leave is 224 hours per year. This figure is equivalent to 28 days of leave for an employee working 8 hours per day, 5 days a week.
- The minimum annual leave entitlement is 224 hours per year.
- This applies to employees working a 40-hour week over 5 days.
- Part-time employees are entitled to pro-rata leave based on their hours worked.
- Leave must generally be taken within the calendar year it is accrued.
- Carry-over of leave to the following year is typically limited and subject to agreement or specific legal provisions.
Public Holidays
In addition to annual leave, employees in Malta are entitled to paid time off for public holidays. If a public holiday falls on a day the employee would normally work, they are entitled to a paid day off. If a public holiday falls on a Saturday or Sunday, and the employee does not normally work weekends, they are not typically granted an alternative day off in lieu, unless specified otherwise by a collective agreement or contract.
Malta observes the following public holidays:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| February 10 | Feast of St. Paul's Shipwreck |
| March 19 | Feast of St. Joseph |
| March 31 | Freedom Day |
| April 18 | Good Friday |
| May 1 | Worker's Day |
| June 7 | Sette Giugno |
| June 29 | Feast of St. Peter and St. Paul |
| August 15 | Feast of the Assumption |
| September 8 | Feast of Our Lady of Victories |
| September 21 | Independence Day |
| December 8 | Feast of the Immaculate Conception |
| December 13 | Republic Day |
| December 25 | Christmas Day |
Note: Good Friday is a variable date based on the Easter calendar.
Sick Leave
Employees who are unable to work due to illness are entitled to paid sick leave. The entitlement and payment are often linked to social security contributions.
- Employees are entitled to sick leave when certified by a medical professional.
- Payment for sick leave is typically covered partly by the employer and partly through social security benefits.
- The employer is usually responsible for paying the difference between the social security benefit and the employee's normal wage for a specified period, often up to the first three days of illness per instance.
- Social security benefits for sickness are paid from the fourth day onwards, provided the employee meets the contribution requirements.
- Specific entitlements and payment structures can vary based on collective agreements or company policy, but must meet minimum statutory requirements.
Parental Leave
Malta provides various types of leave to support parents, including maternity, paternity, and adoption leave.
Maternity Leave
Pregnant employees are entitled to maternity leave.
- The minimum entitlement is 18 weeks of maternity leave.
- At least 6 weeks must be taken after the birth.
- The remaining leave can be taken flexibly before or after the birth.
- Payment during maternity leave is typically covered by social security benefits, provided the employee meets the contribution requirements.
Paternity Leave
Fathers are entitled to paternity leave upon the birth or adoption of a child.
- The minimum entitlement is 2 working days of paternity leave.
- This leave must be taken within 15 days of the birth or adoption.
- Paternity leave is paid by the employer.
Parental Leave
Both parents are individually entitled to parental leave to care for a child.
- Each parent is entitled to 4 months of unpaid parental leave per child.
- This leave can be taken until the child reaches the age of 8.
- It can be taken in periods of not less than one week.
Adoption Leave
Employees who adopt a child are also entitled to leave.
- The primary caregiver is entitled to 16 weeks of adoption leave.
- This leave is paid through social security benefits, similar to maternity leave.
- The other parent is entitled to 2 working days of paid leave from the employer, similar to paternity leave.
Other Leave Types
Maltese law and common practice also recognize other forms of leave, although entitlements can vary based on employment contracts, collective agreements, or company policy.
- Bereavement Leave: While not explicitly mandated by law, many employers provide a few days of paid leave in the event of the death of a close family member.
- Study Leave: Employees pursuing further education relevant to their job may be granted study leave, often unpaid or partially paid, depending on the employer's policy or collective agreement.
- Marriage Leave: Some employers or collective agreements grant a few days of paid leave for an employee's marriage.
- Jury Service: Employees summoned for jury duty are typically granted leave for this civic obligation. Payment during this period may be covered by the court, with the employer potentially topping up the salary, depending on policy or agreement.
