Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Malta. This article explains Malta’s leave laws, including Annual Leave Sick Leave Maternity Leave Paternity leave Parental leave Special Leave Compassionate leave Jury Duty Leave Carer's Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Annual Leave | Minimum of 25 days | Accrues monthly | Limited carry over | Paid out | Not standard |
Sick Leave | Up to 2 weeks | Not applicable | No carry over | No payout | No payout |
Maternity Leave | 18 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Paternity leave | A short period of leave granted to fathers following the birth of a child. | Paternity leave is not accrued. | Paternity leave cannot be carried over. | No payout on termination for unused paternity leave. | No payout for unused paternity leave at year-end. |
Parental leave | Leave granted to parents for child-rearing after the initial months of birth. | Parental leave is non-accrued. | Unused parental leave can be carried over. | No payout for unused parental leave. | No payout for unused parental leave at year-end. |
Special Leave | Leave granted for specific personal circumstances. | Special leave is not accrued. | Special leave cannot be carried over. | No payout for unused special leave. | No payout for special leave at year-end. |
Compassionate leave | Entitlement to compassionate leave is typically for a short period. | This leave is not usually accrued. | Compassionate leave cannot be carried over. | There is no payout on termination. | No payout at year-end. |
Jury Duty Leave | Employees are entitled to jury duty leave when summoned. | No accrual for jury duty leave. | Jury duty leave cannot be carried over. | No payout on termination. | No payout at year-end. |
Carer's Leave | This leave is granted for personal career development. | Career’s leave may be accrued annually. | Career’s leave may be carried over. | There is no payout on termination for career’s leave. | No payout at year-end. |
Employees are entitled to a minimum of 25 days of paid annual leave per year.
The notice period for taking annual leave varies by employer and should typically be agreed upon in advance with the employer.
Annual leave must be approved by the employer, often based on business needs and staffing requirements.
Additional annual leave can be granted based on mutual agreement between the employer and the employee or as stipulated in employment contracts or collective agreements.
Annual leave accrues monthly throughout the year, proportional to the amount of time worked.
Carrying over of annual leave to the next year is typically limited and subject to employer approval. Any carry-over policy should be explicitly stated in the employment contract.
Unused annual leave is usually paid out upon termination of employment.
Payout of unused annual leave at the end of the year is not standard practice and depends on specific employment contracts or employer policies.
If a public holiday falls on a day when the employee is on annual leave, it should not be counted as annual leave.
Employees are entitled to up to 2 weeks of paid sick leave per year.
Employees are required to notify their employer of their sickness as soon as possible, ideally on the first day of absence.
Sick leave does not typically require prior approval, but employers can require a medical certificate or other proof of illness.
Additional sick leave may be granted if supported by medical certification and depending on the employer's sick leave policy.
Sick leave does not accrue and is typically granted as needed, up to the statutory or contractually agreed limit.
Sick leave does not carry over to the next year; it is reset each year.
Unused sick leave is not paid out upon termination of employment.
There is no payout for unused sick leave at the end of the year.
Specific rules and entitlements for sick leave may vary by employment contract and collective bargaining agreements.
Employees are entitled to 18 weeks of maternity leave, with the possibility to start leave up to 4 weeks before the expected birth date.
The expected date of birth and intended start date of maternity leave should be communicated to the employer as soon as reasonably possible.
Maternity leave does not require approval, but the dates and details of the leave must be communicated to the employer in advance.
After the paid 18 weeks, additional unpaid maternity leave may be available, subject to agreement with the employer and depending on national or EU regulations.
Maternity leave entitlement is not based on accrual but is a statutory right granted at the time of pregnancy.
Carry over rules do not apply to maternity leave as it is a one-time entitlement per pregnancy.
Maternity leave is not subject to payout on termination, as it must be used during the period surrounding the birth.
There is no end of year payout for maternity leave as it does not accrue and is tied to the event of childbirth.
During maternity leave, employees are protected from dismissal due to their pregnancy or childbirth, except in cases not related to the pregnancy or childbirth.
Paternity leave is typically granted for up to 10 working days following the birth of a child. This leave can be taken within 5 weeks of the birth.
The employee must inform the employer at least 1 week before the intended start date of the paternity leave.
The employee must get approval from the employer before taking paternity leave, which is typically granted based on the birth of the child.
There are no provisions for additional leave beyond the standard 10 days for paternity leave.
Paternity leave is a one-off entitlement granted upon the birth of a child and does not accumulate over time.
Paternity leave is a fixed entitlement and must be taken within a short period after the birth. It cannot be carried over to a future period.
Unused paternity leave is not paid out upon termination of employment.
As paternity leave is a fixed leave period and non-accrued, it is not subject to a payout at the end of the year.
Paternity leave can only be taken within a specified time frame (up to 5 weeks following the birth), and only fathers are eligible for this type of leave.
Parental leave provides up to 4 months of leave for parents after the birth or adoption of a child. This leave is available until the child reaches 8 years of age.
Employees must provide at least 1 month's notice before taking parental leave, ensuring adequate time for the employer to prepare for their absence.
Although parental leave is a legal entitlement, the employee must obtain the employer’s consent to schedule the leave in a manner that does not disrupt the organization’s operations.
Parents can request additional parental leave, but the employer may assess and approve it on a case-by-case basis.
Parental leave is granted as a specific entitlement, rather than being accrued over time. Employees do not accumulate extra days for parental leave.
Parental leave can be carried over to future years as long as the child remains under 8 years of age.
Unused parental leave is not paid out upon termination of employment.
Parental leave is not subject to payout at the end of the year or upon termination.
Parental leave may be taken in one block or divided into multiple shorter periods, depending on the agreement between the employee and employer.
Special leave is provided in specific cases such as attending a wedding, funeral, or dealing with an emergency. The duration of the leave depends on the nature of the circumstance.
Employees must inform their employer as soon as possible about the need for special leave, especially in emergency situations.
Special leave typically requires the employer’s approval, and the employee may need to provide supporting documentation for the reason for leave.
Special leave is given on a case-by-case basis, and there is no opportunity to accrue extra days beyond what is granted for specific circumstances.
Special leave is granted based on specific circumstances, rather than being accrued over time.
Special leave cannot be carried over to future periods, as it is granted for specific, immediate needs.
Unused special leave is not paid out at the time of termination.
Unused special leave is not paid out at the end of the year or upon termination.
Special leave is given for specific situations, and its duration and conditions are flexible depending on the employer and the reason for leave.
Employees are entitled to take compassionate leave for a family emergency, typically for 1-3 days, depending on the employer's policy or the circumstances of the leave.
Employees are expected to inform their employer as soon as possible, ideally providing at least 24 hours' notice before taking compassionate leave, unless it’s an urgent situation.
Compassionate leave requires approval from the employer, who may request proof of the family emergency or other circumstances surrounding the leave.
Compassionate leave is generally a one-time or limited entitlement, and additional leave may only be granted in exceptional circumstances, subject to employer discretion.
Compassionate leave is not an accrued leave type; it is granted as needed for family emergencies or similar situations, without any carryover or accumulation.
Since compassionate leave is granted for specific emergencies and not part of a regular entitlement, any unused leave is not carried over to the following year.
Unused compassionate leave is not paid out upon termination of employment, as it is a leave granted in exceptional circumstances rather than a standard entitlement.
Since compassionate leave is granted for specific emergencies, it is not part of any year-end payout policies for unused leave.
The rules around compassionate leave may vary between employers, especially in terms of duration and documentation required. Some employers may offer paid compassionate leave, while others may not.
Employees are entitled to take leave for jury duty without loss of pay, provided they are summoned to serve by the courts. The leave typically covers the entire duration of the jury duty.
Employees must inform their employer of their jury duty summons as soon as possible, typically in advance of the required date. This allows the employer to manage work schedules and prepare for the employee’s absence.
Jury duty leave is a legal entitlement, and employees do not need employer approval to take this leave. The employer is generally obligated to grant this leave.
Jury duty leave is granted based on the actual requirement, and no additional leave is given beyond the duration needed for jury service.
Jury duty leave is not an accrued benefit; it is granted as necessary when the employee is summoned to serve on a jury.
Jury duty leave is granted on a case-by-case basis as per the employee’s jury summons, and it cannot be carried over or accumulated for future use.
Jury duty leave is not subject to payout upon termination. Since it is an entitlement based on the employee's duty, unused jury duty leave is not compensated upon termination.
Since jury duty leave is granted only as needed, there is no payout of unused leave at the end of the year.
Employees may be required to provide proof of jury duty service to their employer, such as a summons from the court or a certificate of service, to be eligible for jury duty leave.
Career’s leave allows employees to take time off for career development activities such as further education, conferences, or skills improvement programs. The duration and entitlement depend on the employer's policy.
Employees must request career’s leave in advance, typically providing at least 2-4 weeks' notice, depending on the employer's policy, to ensure proper planning and staffing.
Career’s leave is generally subject to employer approval, as it may affect work schedules and project timelines. Employers may review the leave request based on the employee's role and the need for their absence.
Additional career’s leave beyond the standard quota may be granted depending on the employer’s policy and the employee's career development needs. In some cases, it may be subject to performance reviews or funding availability.
Career’s leave may be accrued as part of the employee's annual leave entitlement or as a separate benefit. Accrual typically happens based on the employee’s length of service or specific employer policies.
Depending on the employer’s policy, career’s leave may be carried over to the next year if not used. However, this depends on the specific terms set by the employer.
Career’s leave is typically non-payoutable upon termination. Since it is a special form of leave, it is meant to be used for career development during the employee’s tenure and is not compensated upon exit.
Unused career’s leave is generally not paid out at the end of the year unless specifically stipulated in the employer’s policy. It is considered a professional development benefit.
Career’s leave policies may vary greatly between employers, with some offering it as a standard benefit while others may offer it selectively. Employers may have specific guidelines on which activities qualify for career’s leave.
Get a 30 days free trial for Pro plan, or go with the Basic forever free plan!