Additional Benefits Aimed at Facilitating the Reconciliation of Work and Family Life for Workers who are Parents or Carers
Legal Notice 201 of 2022, with the scope of transposing EU Directive 2019/1158 on work-life balance for parents and carers, is going to introduce into the Maltese employment legislative framework, with effect from 2 August, 2022 additional benefits which are afforded to workers in the context of an employment relationship. These additional entitlements are being introduced in an attempt to facilitate the reconciliation of work and family life for workers who are parents or carers in the context of the overlying objective of achieving equality between men and women with regard to labour market opportunities and treatment at work. In this regard, the Regulations provide for individual rights related to paternity leave, parental leave and carers’ leave; as well as flexible working arrangements for workers who are parents or carers.
Paternity Leave
Fathers or equivalent second parents, irrespective of their marital or family status, will be entitled to paternity leave of 10 working days with full pay which are to be availed of on the occasion of the birth or the adoption of the worker’s child.
Parental Leave
Each parent will be entitled to 4 months of parental leave per child to be granted for birth, adoption, fostering or legal custody of a child until the child has attained the age of 8 years, which may be availed of on a full-time or a part-time basis, or in a piecemeal manner. 2 months out of the said 4 are paid at the same rate established for the sickness benefit entitlement under the Social Security Act. Additionally, 2 months of parental leave can be transferred from one parent to the other.
This entitlement is dependent on the worker being in employment with the same employer for a minimum continuous period of 12 months. However, the Regulations allow for the possibility of a shorter period to be established in the employment agreement or in a collective agreement applicable to the worker. This demonstrates the legislator’s constant effort to establish minimum entitlements whilst leaving the door open for contractual negotiation, provided that any agreement which is reached guarantees more favourable conditions to the worker in question.
The Regulations bind the worker who intends to avail himself/herself of parental leave to give a minimum of 2 weeks notice in writing to the employer whilst specifying the beginning and the end of the parental leave.
On the other hand, employers are bound to offer, to the extent possible, flexible ways of taking parental leave whilst taking into account his/her own needs as well as those of the worker. In the event that, due to justifiable reasons related to the operation of the place of work, the employer opts to temporarily postpone the granting of parental leave, the worker shall be informed in writing of the reasons for such postponement within 2 weeks of receipt of the worker’s notice.
Moreover, if the parental leave is not availed of or there is still an existing balance thereof, a worker shall remain entitled to such leave even if there is a change in the employer or in the employment of the worker. For this reason, employers have an obligation to keep a record of the parental leave entitlement of every worker.
Carers’ Leave
Workers will also be entitled to avail themselves of 5 unpaid working days per year in order to provide care and support to relatives or persons living in the same household with the worker who are suffering from an illness. This right is dependent on the worker presenting medical proof to this effect to the employer.
Flexible Working Arrangements
Workers with children up to the age of 8 years as well as carers will be entitled to request flexible working arrangements for caring purposes, including remote working, work on reduced hours and flexitime.
In order to ensure that any form of abuse or attempt to curtail the entitlements afforded by the Regulations is averted, the law outrightly prohibits any discrimination against workers on the ground that they have availed themselves of these entitlements and affords protection against adverse treatment or consequences endured by workers who would like to enforce the rights guaranteed by the Regulations.
Moreover, dismissals or preparations therefor on the ground that the worker has applied for or has effectively availed himself/herself of such entitlements are prohibited. If, prima facie, such a dismissal has occurred, there is an inversion of the burden of proof in that the employer would be bound to prove that the dismissal was based on other grounds which are good and sufficient in terms of law. Lastly, the Regulations also establish an offence against any person who breaches said entitlements subject to, on conviction, a fine (multa) of a maximum of €2000.
Legal Notice 201 of 2022, with the scope of transposing EU Directive 2019/1158 on work-life balance for parents and carers, is going to introduce into the Maltese employment legislative framework, with effect from 2 August, 2022 additional benefits which are afforded to workers in the context of an employment relationship. These additional entitlements are being introduced in an attempt to facilitate the reconciliation of work and family life for workers who are parents or carers in the context of the overlying objective of achieving equality between men and women with regard to labour market opportunities and treatment at work. In this regard, the Regulations provide for individual rights related to paternity leave, parental leave and carers’ leave; as well as flexible working arrangements for workers who are parents or carers.
Paternity Leave
Fathers or equivalent second parents, irrespective of their marital or family status, will be entitled to paternity leave of 10 working days with full pay which are to be availed of on the occasion of the birth or the adoption of the worker’s child.
Parental Leave
Each parent will be entitled to 4 months of parental leave per child to be granted for birth, adoption, fostering or legal custody of a child until the child has attained the age of 8 years, which may be availed of on a full-time or a part-time basis, or in a piecemeal manner. 2 months out of the said 4 are paid at the same rate established for the sickness benefit entitlement under the Social Security Act. Additionally, 2 months of parental leave can be transferred from one parent to the other.
This entitlement is dependent on the worker being in employment with the same employer for a minimum continuous period of 12 months. However, the Regulations allow for the possibility of a shorter period to be established in the employment agreement or in a collective agreement applicable to the worker. This demonstrates the legislator’s constant effort to establish minimum entitlements whilst leaving the door open for contractual negotiation, provided that any agreement which is reached guarantees more favourable conditions to the worker in question.
The Regulations bind the worker who intends to avail himself/herself of parental leave to give a minimum of 2 weeks notice in writing to the employer whilst specifying the beginning and the end of the parental leave.
On the other hand, employers are bound to offer, to the extent possible, flexible ways of taking parental leave whilst taking into account his/her own needs as well as those of the worker. In the event that, due to justifiable reasons related to the operation of the place of work, the employer opts to temporarily postpone the granting of parental leave, the worker shall be informed in writing of the reasons for such postponement within 2 weeks of receipt of the worker’s notice.
Moreover, if the parental leave is not availed of or there is still an existing balance thereof, a worker shall remain entitled to such leave even if there is a change in the employer or in the employment of the worker. For this reason, employers have an obligation to keep a record of the parental leave entitlement of every worker.
Carers’ Leave
Workers will also be entitled to avail themselves of 5 unpaid working days per year in order to provide care and support to relatives or persons living in the same household with the worker who are suffering from an illness. This right is dependent on the worker presenting medical proof to this effect to the employer.
Flexible Working Arrangements
Workers with children up to the age of 8 years as well as carers will be entitled to request flexible working arrangements for caring purposes, including remote working, work on reduced hours and flexitime.
In order to ensure that any form of abuse or attempt to curtail the entitlements afforded by the Regulations is averted, the law outrightly prohibits any discrimination against workers on the ground that they have availed themselves of these entitlements and affords protection against adverse treatment or consequences endured by workers who would like to enforce the rights guaranteed by the Regulations.
Moreover, dismissals or preparations therefor on the ground that the worker has applied for or has effectively availed himself/herself of such entitlements are prohibited. If, prima facie, such a dismissal has occurred, there is an inversion of the burden of proof in that the employer would be bound to prove that the dismissal was based on other grounds which are good and sufficient in terms of law. Lastly, the Regulations also establish an offence against any person who breaches said entitlements subject to, on conviction, a fine (multa) of a maximum of €2000.