Update on Legal Notice on Work Life Balance for Parents and Carers

valerie

Array

3 August, 2022

The Government has issued a legal notice on work-life balance as a means of transposing the Work Life Balance Directive issued by the EU. These new updates will come into force from the 2ndof August 2022.

The key points which emerge from the directive’s implementation into Maltese law are the following:

 

Paternity Leave

10 days of fully paid paternal leave for fathers/second parents to be taken immediately after the birth or adoption of a child. This applies to all employees, regardless of the worker’s marital or family status (married or unmarried).

 

Parental Leave

The entitlement is of 4 months until the child reaches the age of 8 years and 2 out of the 4 months of parental leave will be paid. This is on grounds of birth, adoption, child fostering, or legal custody of a child.

This is applicable to employees who have been in employment for a period of 12 months and for employees on a fixed-term contract, the principle of continuous employment shall apply.

Parental leave may be requested in flexible ways and the employer may accept or refuse, however, the employer’s refusal must be justified.

An employee applying for parental leave must give the employer 2 weeks’ notice in writing. The paid 2 months of the entitlement are paid at the rate of the sickness benefit under the Social Security Act.

Parental Leave must be distributed as follows:

  • 50% until the child has attained 4 years of age
  • 25% to be taken when the child is between the age of 4 and 6 years
  • 25% to be taken when the child is between 6 to 8 years of age

2 months of Parental Leave cannot be transferred to the other parent.

Unless agreed otherwise, parental leave shall be availed of in periods of 2 weeks.

Balance of parental leave is portable between jobs; therefore, the employer is bound to keep records of parental leave taken.

 

Carers’ Leave

Workers caring for a relative will be entitled to 5 days of unpaid leave per year. This is applicable to relatives and to persons living in the same household.

The employee will be requested to present medical proof that the person for whom carers’ leave is requested, is suffering from an illness and needs care and support.

 

Request for Flexible Work Arrangements

Parents have the right to request flexible working arrangements until their child is 8 years old. Flexible working arrangements may include – remote working, work on reduced hours, or flexi-time.

Employees can request a return to the original working pattern before the end of the agreed period to be considered by the employer and the employers shall consider and respond to requests within 2 weeks and reasons for refusal must be provided.

If a dispute arises between the employer and the employee regarding the entitlements covered by these regulations, then either the employer or the employee may refer the matter to the Director General of Employer and Industrial Relations who shall mediate between the parties.

Any person who contravenes or fails to comply with the Legal Notice shall be guilty of an offence and shall be liable to a fine of not more than two thousand euros (€2000).

For further information contact:

Alexandra Lia

Payroll Manager

Email: alexandra.lia@dfkmalta.com

*The objective of this summary is to outline the principal elements of the rules being summarized herein. Accordingly, it is not intended to be provided by way of comprehensive and definitive advice. Readers should seek professional advice by contacting DFK Malta Tax & Consultancy Limited before acting upon any information included in this document.