MALTA Law and Practice Contributed by: Paul Gonzi, Rebecca Diacono and Mattea Pullicino, Fenech & Fenech Advocates
The rules on remuneration for public service and pub - lic sector employees vary. 1.5 Other Employment Terms Under Maltese law, employees may avail of a variety of leave entitlements, ranging from annual leave to leave on the occasion of marriage and leave for medi - cally assisted procreation. Annual Leave Entitlement and Pay The Organisation of Working Time Regulations, SL 452.87, sets out the minimum leave entitlement and the rules related to carrying forward leave and pay - ments in lieu. Employees working a 40-hour week and an eight-hour working day are entitled to a minimum statutory leave entitlement of 24 days per annum, as well as an extra day of leave for each public or national holiday falling on a Saturday or Sunday. Therefore, this means that the yearly leave entitlements will fluctuate depending on the number of public or national holidays falling on a Saturday or Sunday of each calendar year paid at the normal rate of remuneration of such employee. Should an employee’s average hours (excluding over - time) calculated over a period of 17 weeks be below or exceed 40 hours per week, the entitlement in hours is to be adjusted accordingly. Part-time employees and employees who have not completed a full year of service are entitled to paid leave calculated on a pro rata basis. The Annual Leave National Standard Order, SL 452.115, regulates the procedures. Other Leave Entitlements Maltese Law provides for and regulates various other leave entitlements, including sick leave, maternity leave, adoption leave, paternity leave, parental leave, bereavement leave, jury leave and quarantine leave. Sick leave The sick leave entitlement granted to employees var - ies significantly according to the applicable sector- specific WRO. Where an employee is not covered by a specific WRO, such employee is entitled to two work - ing weeks per year (calculated in hours) of sick leave.
This sick leave entitlement is to be calculated on the basis of a 40-hour working week and an eight-hour working day. Payment for sick leave is to be borne by the employ - er. However, should an employee remain unable to work after having exhausted the full entitlement, such employee shall continue to receive the sickness ben - efit from the Social Security Department. Part-time employees are entitled to paid sick leave calculated on a pro rata basis. The entitlement is also calculated proportionally for employees who have not completed a full year of service. Family leave Under Maltese law, a pregnant employee may take maternity leave for an uninterrupted period of 18 weeks. The first 14 weeks are to be paid by the employer. Payment for maternity leave beyond the first 14 weeks is not paid by the employer but by the Social Security Department. Employees may also be entitled to special maternity leave should the conditions required be satisfied. Similarly, an employee who is the parent of an adopted child is also entitled to an uninterrupted period of 18 weeks of adoption leave. The leave shall commence on the date on which the child passes into the care and custody of the adoptive parent. An employer shall be bound to pay for the first 14 weeks of adoption leave with full wages. However, should the employee choose to take any additional adoption leave beyond the 14 weeks, payment for such additional leave will be obtained from the Social Security Department. Fathers or equivalent second parents are also entitled to ten working days of paternity leave on full pay on the birth or the adoption of a child. Furthermore, each parent has the right to be granted paid parental leave on the grounds of birth, adoption, child fostering in the case of foster parents, or legal custody of a child, to enable them to take care of that child for a period of four months until the child has attained the age of eight years. Two months cannot be transferred between the parents and are to be paid.
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