Malta | Employee parental leave entitlement
Parental leave may be granted without pay to employees in cases of:
- child birth, or
- adoption, or
- foster care, or
- legal custody.
The employee is entitled to parental leave if (s)he has worked with the same employer for at least 12 continuous months.
Notice by employee to employer to avail of parental leave:
Employees must give 3 weeks notice to the employer before availing themselves of parental leave. Yet, employer may postpone the parental leave if the employee receives the postponement notice from the employer within 2 weeks from the parental leave notice the employee sends the employer.
Justifiable reasons for the temporary postponement by employer for granting parental leave to employee:
- if work is of a seasonal nature; or
- if employee’s replacement cannot be found within the notice period; or
- if the employee’s work is of a strategic importance to the business; or
- if the business employs no more than 10 employees; or
- if a significant number of employees request parental leave at the same time.
Full-time employee parental leave entitlement:
Minimum national: 4 months unpaid leave to be availed of in periods of 1 month each until the child is eight years of age. The balance of unutilised leave is transferable to the new employer if the employee changes jobs.
Wholesale & retail sector: see national minimum entitlement
Other trade sectors: see national minimum entitlement
Part-time employees are entitled to prorata parental leave.