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In June 2026, L.N. 102 of 2026 came into force, introducing amendments to the Work-Life Balance for Parents and Carers Regulations, 2022. The original Regulations were enacted to enhance employees' ability to balance their professional and personal responsibilities by establishing rights relating to paternity leave, parental leave, carers' leave and flexible working arrangements for parents and carers, in line with the objectives of the EU Work-Life Balance Directive.
The principal aim of L.N. 102 of 2026 is to extend work-life balance rights to parents who become parents through surrogacy arrangements abroad by introducing a new leave entitlement; "Leave for Recognised Parents of Children Born Outside Malta".
Main Entitlements
- Eligible parents are entitled to eighteen weeks of leave, which may commence either on the date of the child's birth or up to two weeks before the expected date of birth, at the employee's discretion.
- Employees who avail themselves of this leave are entitled to return to the same post or, where this is no longer available, an equivalent position.
Allocation of Leave Between Parents
Where the parent is a single parent who is employed, then the law is straightforward in that that parent may avail themselves of this leave entitlement. However, where both parents are employed, the Regulations allow the leave entitlement to be shared between them. Both parents may either divide the leave as they agree in writing, or should they not formalise an agreement, or otherwise failing such agreement, each parent is automatically entitled to nine weeks of leave.Wage Entitlement
Employees who avail themselves of this leave entitlement are entitled to a maximum of eighteen weeks of leave, with the first fourteen weeks being paid in full by the employer. The remaining four weeks are not payable by the employer and may, subject to eligibility requirements, be compensated in accordance with the Social Security Act. Moreover, throughout the leave period, employees are not entitled to any bonuses, allowances or other payments linked to performance or production.Probation & Dismissal Wage Entitlement Probation & Dismissal
Where an employee is serving a probationary period, such probation is suspended for the duration of the leave and resumes upon the employee's return to work.That being said, employees benefit from protection against dismissal from the moment they notify their employer of their intention to avail themselves of the leave until the expiry of the leave period. Likewise, an employer may not dismiss an employee on the grounds that they intend to exercise, or have exercised, their rights under these Regulations, and any dismissal in contravention of these provisions may be deemed unfair.
How Can a Worker Avail Themselves of the Entitlements?
To benefit from this leave entitlement, an employee must notify their employer in writing of the expected date of birth of the child at least four weeks in advance, insofar as this is reasonably practicable. The notification must be accompanied by an official document, issued by a clinic, healthcare institution or other competent authority, confirming that the employee is involved in the pregnancy as an intended parent.Where the document is not in Maltese or English, it must be translated and apostilled. Furthermore, within two months of returning to work, the employee is required to provide the employer with an authenticated copy of the child's birth certificate as registered in Malta and recognising the employee as a parent. Failure to submit this documentation may result in the employee being required to reimburse the employer for the basic wages received during the leave period.