Leave Conditions

L.N. 62 of 2020 grants “Quarantine Leave” to all employees without loss of wages only in cases where the employee is legally obliged to abide by a quarantine order confining the employee to a certain area or to certain premises as determined by the Superintendent of Public Health under the Public Health Act or by any public authority under any other law.

Part-timers are entitled to pro-rata Quarantine Leave.

Full-Time Employees

5 day or 6 day week Full-Time employees working 40 hours a week are entitled to 208 hours in 2023, 224 hours in 2022, 216 hours in 2021, 216 hours in 2020, 208 hours in 2019, 200 hours in 2018 and 192 hours in 2017 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.

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

As from the 1st of January 2019, unless otherwise agreed to in any applicable collective agreement, the employer may only utilize up to the equivalent in hours of twelve working days from the annual leave entitlement, to be calculated as provided for in the Organisation of Working Time Regulations, for the purposes of any type of shutdown, including a temporary closure of whole or part of the premises by the employer for bridge holidays or any other short periods of shutdown. Any type of shutdown, including a temporary closure of whole or part of the premises by the employer for bridge holidays, shall be communicated to all the employees by the end of January of each calendar year.  Leave with pay from the annual leave entitlement shall be availed of on days agreed upon between the employer and employee.  Once leave from the annual leave entitlement of the employee has been agreed to by the employer and the employee, such leave cannot be cancelled unilaterally but can only be cancelled if both the employer and the employee are in agreement.

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.

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.

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 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 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 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 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 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:

• 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 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

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

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