Leave Conditions

Employee Leave Conditions in Malta

Vacation Leave

Vacation Leave Conditions

Full-Time Employees

5 day or 6 day week Full-Time employees working 40 hours a week are entitled to 192 hours of paid annual leave every calendar year.  Provided that when a Full-Time employee is in employment for less than 12 months during any calendar year the employee shall be entitled to vacation leave calculated on a pro rata basis.

Part-Time Employees

Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

 IMPORTANT Notice  As from the year 2006 no public holiday falling on a day of rest shall be added to the employee’s annual leave entitlement.

Urgent Family Leave

Urgent Family Leave Conditions

All employees, shall be entitled to time off from work on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the employee indispensable. The employee is not required to give advance notification of urgent family leave to the employer.

 Urgent leave circumstances covered Circumstances include accidents, sudden illness or sickness, presence during births and deaths of members of the immediate family of the employee.

    The immediate family definition includes husband, wife and married or unmarried children, as well as family relations up to the first degree, and whether living in the same household or not and persons having legal custody of a child.

The total number of hours availed of by the employee for urgent family reasons shall be deducted from the annual leave entitlement of the employee.  The employer shall have the right to establish the maximum number of hours of time off from work in each particular case, save that the minimum time should not be less than one hour per case unless there is the specific agreement of the employee.  The employer shall have the right to demand such evidence as may be necessary to verify and confirm the request for urgent leave by the employee.  No advance notification is required to be given by the employee except in those cases where it is possible for the employee to give at least twenty-four hours notice of an event which is to take place and which requires the  absence of the employee from the place of work for urgent family reasons.

Full-Time Employees

Full-Time employees working 40 hours a week are entitled to a minimum of 15 hours of paid annual leave every calendar year.   

Part-Time Employees

Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.  

Sick Leave

Sick Leave Conditions

 IMPORTANT Notice  When an employee is in employment for less than 12 months the employee shall only be entitled to sick leave in proportion to the period in employment. Sick leave shall be granted to the employee ONLY when an employee presents a medical certificate certifying incapacity for work.  A medical certificate covering the period of absence is to be produced to the employer on the day of return to work or, if such period of absence is longer than seven days within seven days of the onset of sick leave absence.  The employer shall have the right to send a medical practitioner to visit and examine an employee who is on sick leave.

Full-Time Employees

Entitlement per calendar year:

  • 2 working weeks (calculated in hours) sick leave on full pay less sickness benefit.
  • The first 3 days of any claim for sick leave shall be paid by the employer.
  • Persons in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

    Part-Time Employees

    Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

    Bereavement Leave

    Bereavement Leave Conditions

     Bereavement leave provides time for an employee to grieve and to deal with matters associated with the bereavement.  Bereavement leave shall be granted to the employee without loss of wages on the occasion of the death of the spouse, parent, son, daughter, brother or sister of the employee, and includes a person who has, or in the past had, legal custody of the employee, or a person who is in the legal custody of the employee.

    Full-Time Employees

    Entitlement per calendar year:

    • 1 day paid leave

      Part-Time Employees

      Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

      Marriage Leave

      Marriage Leave Conditions

       IMPORTANT Notice  Marriage leave shall be granted without loss of wages to an employee on the occasion of his or her marriage.

      Full-Time Employees

      Entitlement per calendar year:

      • 2 working days of paid leave

        Part-Time Employees

        Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

        Birth Leave

        Birth Leave Conditions

         IMPORTANT Notice  Birth leave shall be granted without loss of wages to a father on the occasion of the birth of his child.

        Full-Time Employees

        Entitlement per calendar year:

        • 1 day paid leave

          Part-Time Employees

          Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

          Parental Leave

          Parental Leave Conditions

           IMPORTANT Notice  Parental leave shall 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 Employees

          Entitlement:

          • 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.

            Part-Time Employees

            Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement. This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year. Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

            Injury Leave

            Injury Leave Conditions

             IMPORTANT Notice  Injury leave shall be granted on full wages, less the full amount of any injury benefit to which the employee may be entitled under the Social Security Act, if the employee suffers personal injury caused by accident arising out of and in the course of his employment, or by any of the diseases specified in the first column of the Fourth Schedule to the Social Security Act (being a disease due to the nature of his work) not due to any contributory negligence on his part or to any contravention of safety rules laid down by the management.

            Full-Time Employees

            Entitlement per calendar year:

            Part-Time Employees

            Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

            Jury Leave

            Jury Leave Conditions

             IMPORTANT Notice  Jury service leave shall be granted without loss of wages to an employee who is called to serve as a juror, to enable him to attend to his duties at the Courts.

            Full-Time and Part-Time Employees

            Entitlement per calendar year:

            • All necessary time off on full pay to attend Court

               

              Court Witness Leave

              Court Witness Leave Conditions

               IMPORTANT Notice  Only whole-time employees employed in hospitals and clinics summoned to appear as a court witness in police cases my avail themselves of paid leave.

              Full-Time Employees and Part-Time Employees

              Entitlement per calendar year:

              • No entitlement

                 

                Study Leave

                Study Leave

                 IMPORTANT Notice Unless specifically agreed to between employer and employee or through a collective agreement, no study leave is contemplated in the Maltese legislation.

                Full-Time and Part-Time Employees

                Entitlement per calendar year:

                • No entitlement

                Vacation Leave

                Vacation Leave Conditions

                Full-Time Employees

                5 day or 6 day week Full-Time employees working 40 hours a week are entitled to 192 hours of paid annual leave every calendar year.  Provided that when a Full-Time employee is in employment for less than 12 months during any calender year the employee shall be entitled to vacation leave calculated on a pro rata basis.

                Part-Time Employees

                Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

                 IMPORTANT Notice   As from the year 2006 no public holiday falling on a day of rest shall be added to the employee’s annual leave entitlement.

                Sick Leave

                Sick Leave Conditions

                 IMPORTANT Notice  When a full-time employee is in employment for more than 6 months the employee shall be entitled to sick leave whenever an employee presents a medical certificate certifying incapacity for work. Sick leave shall be granted to the employee ONLY when an employee presents a medical certificate certifying incapacity for work.  The employer may require a medical certificate by his own physician to certify incapacity for work during the period of absence.

                Full-Time Employees

                Entitlement per calendar year:

                • 15 days sick leave on full pay and an additional 36 days sick leave on half pay calculated in hours less sickness benefit in every calendar year.
                • The first 3 days of any claim for sick leave shall be paid by the employer.
                • Persons in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

                  Part-Time Employees

                  Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

                  Bereavement Leave

                  Bereavement Leave Conditions

                   Bereavement leave provides time for an employee to grieve and to deal with matters associated with the bereavement.  On death of following relations: spouse, parents (or the person acting as parent), children, brother or sister.

                  Full-Time Employees

                  Entitlement per calendar year:

                  • 2 days paid leave

                    Part-Time Employees

                    Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

                    Marriage Leave

                    Marriage Leave Conditions

                     IMPORTANT Notice  Marriage leave shall be granted without loss of wages to an employee on the occasion of his or her marriage.

                    Full-Time Employees

                    Entitlement per calendar year:

                    • 3 working days of paid leave

                      Part-Time Employees

                      Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

                      Birth Leave

                      Birth Leave Conditions

                       IMPORTANT Notice  Birth leave shall be granted without loss of wages on the occasion of the birth of a child to the wife of the employee.

                      Full-Time Employees

                      Entitlement per calendar year:

                      • 1 day paid leave

                        Part-Time Employees

                        Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

                        Injury Leave

                        Injury Leave Conditions

                         IMPORTANT Notice  Injury leave shall be granted on full pay, less the full amount of any injury benefit to which the employee may be entitled under the Social Security Act, if the employee suffers personal injury caused during the actual discharge of his/her employment and not due to any contributory negligence on his/her part or to any contravention of safety rules laid down by the management.

                        Full-Time Employees

                        Entitlement per calendar year:

                        • 1 year injury leave on full pay less injury benefit

                          Part-Time Employees

                          Part-Time employees working less than 40 hours a week, are entitled to a pro rata leave calculation of the Full-Time employees’ leave entitlement.  This is calculated by establishing the weekly number of hours of work based on the average number of hours of work spread over successive 13 week periods, commencing on the 1st January of each calendar year.  Part-time employees who have not been in employment for a period of 13 weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment.

                          Jury Leave

                          Jury Leave Conditions

                           IMPORTANT Notice  Jury service leave shall be granted without loss of wages to an employee who is called to serve as a juror, to enable him to attend to his duties at the Courts.

                          Full-Time and Part-Time Employees

                          Entitlement per calendar year:

                          • All necessary time off on full pay to attend Court

                             

                            Court Witness Leave

                            Court Witness Leave Conditions

                             IMPORTANT Notice  Only whole-time employees employed in hospitals and clinics summoned to appear as a court witness in police cases my avail themselves of paid leave.

                            Full-Time Employees and Part-Time Employees

                            Entitlement per calendar year:

                            • No entitlement

                               

                              Study Leave

                              Study Leave

                               IMPORTANT Notice Unless specifically agreed to between employer and employee or through a collective agreement, no study leave is contemplated in the Maltese legislation.

                              Full-Time and Part-Time Employees

                              Entitlement per calendar year:

                              • No entitlement

                              All trade sectors as per Employment & Industrial Relations ACT

                              Agriculture and Allied Industries
                              Beverage Industries
                              Employees of (Burdnara) Cargo Clearance and Forwarding Agents
                              Canning Industry
                              Cinemas and Theatres
                              Clay and Glass Products
                              Construction
                              Domestic Service
                              Electronics Industry
                              Food Manufacture Industries
                              Hire of Cars or Private Buses
                              Hospitals and Clinics
                              Hotels and Clubs
                              Jewellery and Watches
                              Laundries
                              Leather Goods and Shoes Industries
                              Paper, Plastics, Chemicals and Petroleum
                              Printing and Publishing
                              Private Schools
                              Private Security Services
                              Private Cleaning Services
                              Professional Offices
                              Public Transport
                              Sextons and Custodians
                              Textiles and Allied Industries
                              Seamen 
                              Tobacco Manufacture Industry
                              Transport Equipment, Metal and Allied Industries
                              Travel and Insurance Agencies
                              Wholesale and Retail Trades
                              Woodworks

                              The entitlement to bereavement leave, marriage leave and birth leave shall be availed of on the next working day after the occurrence of the event.  In compelling circumstances linked to the same event, the employee may request a postponement of up to two weeks of such leave. In these cases the employer shall grant the postponement as requested by the employee.