Employment Law: Understanding Malta’s Maternity, Paternity, and Parental Leave Legislation
Introduction
The modern workplace is no longer defined solely by deadlines, targets, and career ambitions but it is also deeply connected to the personal lives of employees. One of the most significant intersections between work and family arises during the transformative period of welcoming a child. Maternity and paternity leave legislation plays a crucial role in ensuring that employees are supported through this life event, while also promoting workplace equality and long-term employee well-being.
Maternity Leave
In Malta, the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91 safeguard the rights of expectant and new mothers, including adoptive parents. Under this legislation, employees are entitled to 18 weeks of maternity leave.
First 14 weeks: fully paid by the employer at the basic salary rate.
Final 4 weeks: covered by the Government through the Maternity Leave Benefit (€213.54 per week), in accordance with the provisions of the Social Security Act, and is available to both employed and self-employed mothers.
At least six weeks of maternity leave must be taken immediately after birth or adoption, while four weeks before birth are recommended (but not mandatory). The remaining eight weeks may be taken before or after birth, depending on the employee’s preference and agreement with the employer.
Employees must notify their employer in writing at least four weeks before starting maternity leave, wherever practicable. During maternity leave, they retain all employment rights, including eligibility for promotions and the right to return to the same role (or a comparable one if the same role is unavailable). However, they are not entitled to performance- or production-based bonuses during this period.
In addition to maternity leave, employees are also entitled to:
- Paid time off for antenatal examinations during working hours.
- Special maternity leave if their work environment poses risks to their health or that of their child, until the risk persists.
- Maternity Leave Benefit (explained below)
- Maternity Benefit (explained below)
Maternity Leave Benefit Explained
The Maternity Leave Benefit applies only to the final four weeks of maternity leave. It is payable once per childbirth, regardless of the number of children born, and amounts to €213.54 per week.
The applicants must have taken more than 14 weeks of maternity leave to be eligible. Applications must be submitted after the eighteenth week of maternity leave but within six months from the eighteenth week. Late applications may result in partial or total forfeiture of the benefit.
Maternity Benefit Explained
Separate from the above, the Maternity Benefit is a flat-rate payment of €132.05 per week for 14 weeks. It is available to full-time mothers who do not make use of paid maternity leave from their employer or who are self-employed. Payment can be made in full after the birth of the child (in cases where the application is submitted after the birth of the child) or otherwise split in two instalments (eight weeks entitlement before birth and six weeks entitlement after birth).
Eligibility requires:
Citizens of Malta or persons married/cohabiting with a Maltese citizen;
- EU nationals, citizens of European Social Charter member states, or individuals with refugee status in Malta;
- Being in the eighth month of pregnancy or having given birth within six months prior to application;
- The applicant has not availed herself of employer-paid maternity leave;
- If self-employed, the applicant must prove that she was not working during the 14th week of the claim.
The applicant would have to obtain the following documentation:
- A medical certificate confirming the applicant is in the eighth month of pregnancy and indicating the expected date of birth;
- If employed, a declaration completed by the employer;
- If self-employed, proof of Social Security contributions for the previous year;
- If the child is born abroad, an official foreign birth certificate;
- Third-country nationals or applicants from Social Charter countries must provide a Maltese ID with a valid Residence Permit;
- Third-country nationals married to an EU citizen must provide an official marriage certificate;
- Third-country nationals cohabiting with a Maltese or EU citizen must submit a registered cohabitation certificate.
Applications must be submitted within six months from the child’s birth in terms of the Social Security Act. Once again, if submitted late, the whole or part of the benefit may be forfeited. Multiple births do not increase the entitlement.
Paternity Leave
With the introduction of the Work-Life Balance for Parents and Carers Regulations (Subsidiary Legislation 452.125), which transposed the EU Work-Life Balance Directive into Maltese law, fathers and equivalent second parents are entitled to 10 fully paid working days of paternity leave. This leave can be taken at the time of the child’s birth or adoption and is available regardless of employment length, qualifications, marital status, or family situation.
Parental Leave
Beyond maternity and paternity leave, both parents are entitled to four months of parental leave per child under the Work-Life Balance for Parents and Carers Regulations. This applies in cases of birth, adoption, or fostering. Whilst the first two months are paid, the remaining two months are unpaid. The paid leave is calculated based on the sickness benefit rate under the Social Security Act. Moreover, whilst the first two months of parental leave are non-transferable, the remaining two can be transferred between parents
Each parent can avail of this leave until the child turns eight years old, usually in periods of at least two weeks, unless otherwise agreed. Moreover, the leave applies to full-time and part-time employees, those on fixed-term or indefinite contracts, and adoptive parents.
How are the first two months paid? As at January 2026:
- 50% of the entitlement is paid, if the child is under 4 years old;
- 25% of the entitlement is paid, if the child is between 4 and 6 years old;
- 25% of the entitlement is paid, if the child is between 6 and 8 years old.
For foster parents, payment is granted per parent, regardless of the number of children fostered.
When it comes to parental leave, there are additional eligibility requirements namely, employees must have at least 12 months of employment with their employer (shorter periods may be agreed by the parties).
Moreover, leave has to be requested by the employee in in writing with at least two weeks’ notice, specifying start and end dates. The employer has the discretion to temporarily postpone the leave, but only for justified operational reasons, providing notice and explanation within two weeks.
Employees with children under 8 may also request flexible working arrangements for caring purposes. Employers must consider and respond to such requests within two weeks, giving reasons for any refusal or postponement. Flexible arrangements may be limited in duration, and employees have the right to request a return to original working conditions when justified.
Birth Leave
In addition to maternity, paternity, and parental leave, employees are entitled to birth leave under the Minimum Special Leave Entitlement Regulations (Subsidiary Legislation 452.101). The entitlement depends on the relevant Wage Regulation Order. For employees in sectors not covered by a W.R.O., birth leave is one working day. This allows parents to be present for the birth of their child without affecting their regular employment.
Medically Assisted Procreation/IVF Leave
Under the Leave for Medically Assisted Procreation National Standard Order (Subsidiary Legislation 452.114), employees undergoing in-vitro fertilisation (IVF) treatment are entitled to 100 hours of paid leave per couple, separate from any other type of leave.
If both prospective parents are employed, 60% of the hours go to the receiving parent and 40% to the other parent. On the other hand, if only one parent is employed, the leave is allocated depending on whether the employed parent is the receiving parent (60 hours) or not (40 hours)
This leave is intended to give employees time to attend treatment, recover, and manage medical appointments. Employees are entitled to a maximum of three IVF cycles, whether carried out in Malta or abroad.
The entitlement applies to both men and women, and employees must notify their employer in writing at least two weeks in advance and provide a medical certificate supporting their absence.
Adoption Leave
Under the Adoption Leave National Standard Order (Subsidiary Legislation 452.111), employees adopting a child who is not their natural offspring are entitled to 18 weeks of adoption leave. Leave begins on the day the child comes into the care and custody of the adoptive parent(s), as determined by a court in the child’s country of origin.
Whilst the first 14 weeks are fully paid, any additional leave beyond 14 weeks is unpaid, unless agreed otherwise with the employer. However, the unpaid adoption leave does not prejudice the entitlement of any additional benefits under the Social Security Act if they take leave beyond the paid period.
When the adoptive parent is a single parent, the single parent enjoys the full entitlement. However, in two parent households:
If only one parent is employed, that parent takes the leave.
If both parents are employed, they may agree in writing on how to split the leave.
Employees must notify their employer in writing at least two weeks before the leave begins (where reasonably practicable) and provide a written statement from the accredited adoption agency confirming the court date for the adoption.
Special Parental Bereavement Leave
Through an amendment made to the Minimum Special Leave Entitlements Regulations (S.L. 452.101), from 1st January 2026, workers will be entitled to seven working days of special parental bereavement leave. Upon the death of a child under the age of eighteen (18) years, the employees are entitled to leave without any loss of wages. Whilst the employer is to pay for the special parental bereavement leave as granted by the WRO or by the Minimum Special Leave Entitlements Regulations, the rest can be claimed from the Social Security Department, provided that the application is made within three (3) months from the utilisation of the leave.
Miscarriage Leave
Legal Notice 274 of 2025, the ‘Miscarriage Leave Regulations’, that came into force on the 1st of January 2026, introduce paid leave to all employees who suffer the unfortunate event of a miscarriage, whether the miscarriage occurs in Malta or outside Malta.
Through this new piece of legislation, every worker, irrespective of gender, is entitled to seven (7) working days of miscarriage leave, without loss of wages, which must be used immediately after the occurrence of the miscarriage.
The employer can get a refund of the payment from the Department of Social Security, if s/he files an application for a refund within three (3) months from when the miscarriage leave would have been utilised.
National Commission for the Promotion of Equality
Maltese law provides strong protections for pregnant employees, new mothers, and breastfeeding employees. Under the Equality for Men and Women Act and related legislation, these protections are reinforced to ensure fair treatment in the workplace. The National Commission for the Promotion of Equality (NCPE), established under Chapter 456 of the Laws of Malta, upholds equality in employment on the grounds of gender and family responsibilities. Employees who believe they have been discriminated against may seek guidance or file a formal complaint with the NCPE.
Key protections include:
- Pregnant or breastfeeding employees cannot be dismissed from the moment they notify their employer of their pregnancy until the end of maternity leave;
- Employees on probation cannot have their probationary period suspended during maternity or special maternity leave. If dismissal occurs during probation, after notification of pregnancy, the employer must provide a written, valid reason confirming it is unrelated to the employee’s condition.
Conclusion
Maternity and paternity leave play a vital role in supporting employees through one of life’s most significant transitions. When parents are given the time, security, and flexibility they need, they return to work feeling confident, motivated, and ready to contribute.
This also benefits employers. By supporting new parents, companies retain valuable talent, avoid the high costs of recruitment and retraining, and preserve institutional knowledge. In addition, organisations that address maternity and paternity leave effectively are better positioned to achieve gender balance in leadership, strengthen employee loyalty, and build a more resilient, future-ready workforce.
This article is for information purposes only and should not be construed as legal advice. The information provided reflects the law as it stands on the blog’s publishing date. For the most updated version or advice tailored to your specific circumstances, you are strongly encouraged to consult a lawyer.
Article and research done by Ms Caitlin Turner, LL.B. (Hons) (Melit.), currently reading a Master of Advocacy at University of Malta.
Sciberras Advocates founded by Dr Adrian Sciberras, is a law firm based in Malta. The firm prides itself to be multi-disciplinary, innovative and flexible in order to meet the changing times and any challenges in the local and international legal scenario. No matter what private or corporate complex demands are called for, Sciberras Advocates offers practical and cost-effective legal solutions to achieve your desired results. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].
