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Employees’ leave entitlement in Malta |
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The leave entitlement on this page are the minimum leave available to employees in Malta in the various trade categories. Collective agreements or any other agreement entered between employers and employees which are more favourable to the employees when compared to the leave entitlement on this page are to be considered. |
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The entitlement to bereavement leave, birth leave and marriage leave shall be availed of on the next working day after the occurrence of the relevant event, unless otherwise requested by the employee, who may request a postponement of up to two weeks after the event in compelling circumstances linked to the same event. In such cases the employer shall grant the employee the postponement as requested. |
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Category of employees |
Regular Leave + |
Optional Leave |
= Total Leave |
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6 day week workers |
24 days + |
4 days calculated as |
= 192 hrs - app.28 days |
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5 day week workers |
20 days + |
4 days calculated as |
= 192hrs - 24 days |
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NOTICE: As from the year 2006 no public holiday falling on a day of rest shall be added to the employee’s leave entitlement. |
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As per S.L. 452.79 as amended by L.N. 140 of 2007 (as of 1st July 2007) part-time employees, whose part-time employment is their principal employment shall be entitled pro rata to the minimum entitlement of all public holidays, annual vacation leave, sick leave, birth leave, bereavement leave, marriage leave and injury leave as applicable to full-time employees calculated by establishing the weekly number of hours of work spread over successive 13 week periods using the following formula for the first 13 week period and so on: Worked hours in Wk1 (commencing 1st Jul.2007) + Worked hours in Wk2....Wk13 13
Provided that, when the employee has not been in part-time employment for a period of thirteen weeks the average weekly number of hours of work shall be calculated over the number of weeks in employment
As of the coming into force of Legal Notice 140 of 2007 the condition that part-time employees could only benefit from the above leave entitlement if they worked 20 hours per week or more has been abolished. |
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National minimum leave entitlement |
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Type of Leave |
Condition |
Entitlement per calendar year |
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Sick Leave |
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 whenever an employee presents a medical certificate certifying incapacity for work. |
* 2 working weeks (calculated in hours) sick leave on full pay less sickness benefit . |
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Bereavement Leave |
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. |
1 day paid leave |
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Marriage Leave |
Marriage leave shall be granted without loss of wages to an employee on the occasion of his or her marriage. |
2 working days of paid leave |
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Birth |
Birth leave shall be granted without loss of wages to a father on the occasion of the birth of his child |
1 day paid leave |
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Injury Leave |
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. |
1 year injury leave on full pay less injury benefit. |
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Jury leave |
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. |
All necessary time off on full pay to attend Court |
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Download Minimum Special Leave Entitlement Regulations S.L. 452.101 |
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Wholesale & Retail minimum leave entitlement |
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Type of Leave |
Condition |
Entitlement per calendar year |
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Sick Leave |
(Full time employees) After 6 months employment. |
* 15 days sick leave on full pay less sickness benefit plus 36 days on half pay in every calendar year. |
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Bereavement Leave |
On death of following relations: spouse, parents (or the person acting as parent), children, brother or sister |
2 days paid leave |
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Marriage Leave |
Marriage leave shall be granted without loss of wages to an employee on the occasion of his or her marriage. |
3 days paid leave |
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Birth |
Birth of a child to the wife |
1 day paid leave |
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Injury Leave |
(Full time employees) on the condition that the injury is incurred during the actual discharge of duty and not due to contributory negligence or to any contravention of safety rules laid down by management. (All injury days are to be covered by a medical certificate) |
1 year injury leave on full pay less injury benefit. |
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Jury leave |
(Full time employees) |
All necessary time off on full pay to attend Court |
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Download Wholesale & Retail Trades Wages Council Wage Regulation Order S.L. 452.63 |
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Copyright: Rolan Micallef Attard & Yesitmatters.com