Understanding Maternity Leave Entitlements in Malta

Maternity leave is a vital right for expectant and new mothers, providing the necessary time for recovery and bonding with their child.

In Malta, the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91, outlines the framework for maternity leave entitlements. Under these regulations, employees who become pregnant are entitled to 18 weeks of maternity leave, with specific provisions about when the leave should be taken.

This article explores the key aspects of maternity leave in Malta, including the length of leave, payment structure, and the distinction between maternity benefits and maternity leave benefits. Whether you are an employee, self-employed, or an employer, understanding these rights and responsibilities is essential to ensure compliance and support during this significant time.

 
  • What is Maternity Leave?

In virtue of the Protection of Maternity (Employment) Regulations, Subsidiary Legislation 452.91, an employee who becomes pregnant is entitled to a period of 18 weeks of Maternity Leave. The Regulations state that at least 6 weeks of Maternity Leave must be taken after the birth or adoption of a child. The Regulations also recommend (but do not mandate)  that 4 weeks out of the 18 weeks allowance should be taken before the birth of the child.

 
  • What is payable to the employee when availing herself of Maternity Leave?

An employee is entitled to 18 weeks of Maternity Leave. Out of these 18 weeks, the first 14 weeks are paid by the employer and are paid at the employee`s basic salary. The additional 4 weeks  are paid by the Government as explained below. 

 
  • What is the difference between the Maternity Benefit and the Maternity Leave Benefit?

The Maternity Benefit is a benefit given to an employee who gave birth and will not avail herself of the Maternity Leave or does not use the whole period of Maternity Leave. Self-employed mothers are also entitled for the same benefits. 
On the other hand, the Maternity Leave Benefit is the applicable payment made to the employee during the 4 weeks of Maternity Leave that is covered by the Government (after the initial 14 weeks covered by the employer).

 
  • What is the amount of the Maternity Benefit and Maternity Leave Benefit payable?

The Maternity Benefit is paid to full-time mothers at a flat rate of Є132.05 per week for 14 weeks. Self-employed mothers are entitled to an amount of Є213.54 per week. The Maternity Benefit can be paid either in full amount after the child’s birth or split into two installments before and after the child’s birth. It is important to note that the maternity benefit is payable only when the employee does not avail herself (in part or in full) of the maternity leave entitlement. 

A further 4 weeks of Maternity Leave Benefit amounting to €213.54 per week is payable by the Government to full-time employed and self-employed mothers. This amount covers the last 4 weeks of maternity leave that an employee or self-employed person takes over and above the initial fourteen weeks of maternity leave entitlement. 

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