dier.gov.mt Vacation & Sick Leave Entitlement Malta : Department of Industrial & Employment Relations
Organization : Department of Industrial & Employment Relations
Type of Facility : Vacation & Sick Leave Entitlement
Country: Malta
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Website : http://dier.gov.mt/en/Employment-Conditions/Leave/Pages/default.aspx
Vacation & Sick Leave Entitlement :
Vacation Leave:
By law, an employee working 40 hours per week is entitled to 192 hours of paid annual leave (that is at least the equivalent in hours of four (4) weeks and four (4) working days calculated on the basis of a 40-hour working week, and an 8-hour working day).
Related : Department of Industrial & Employment Relations Registration of Trade Union Malta : www.statusin.org/8725.html
If the average normal hours (excluding overtime) calculated over a period of 17 weeks is below or exceeds 40 hours per week, the vacation leave entitlement in hours should be adjusted accordingly. (see L.N. 247 of 2003 – Organisation of Working Time Regulations).
Vacation leave starts to accumulate as from commencement of employment. It can be availed of in agreement between the employer and the employee. When an employee is in employment for less than 12 months, s/he shall be entitled to a proportionate amount of annual leave. Leave has to be availed of in agreement with the employer. The application for leave has to be approved by the employer before an employee can proceed with leave.
By mutual agreement with the employer, leave can be taken in hours. Otherwise, if there is no agreement between the employer and the employee, leave has to be availed of as a whole day.
Annual leave which is not availed of:
The law specifies that a minimum period equivalent to four weeks (160 hours) cannot be replaced by any allowance, except where the worker’s employment is terminated. Therefore in respect of the 160 hours that cannot be compensated for, the employee cannot claim payment. It is only possible to carry forward up to 50% of the annual leave entitlement to the following year if there is an agreement with the employer.
If the employer refuses to grant the statutory vacation leave, the employee should lodge a claim with the Department of Industrial and Employment Relations for an evaluation of the case and possible court action to be taken against the employer. The Department will usually ask the court to decree that any unavailed of vacation leave should be compensated by the employer. However, there always exist the possibility for the employer to agree with the employee to carry forward up to 50% of the annual leave entitlement to the following year.
Upon termination from employment, an employee has the right to claim financial compensation for any balance of outstanding leave that is due.
Sick Leave:
The amount of sick leave varies substantially according to the relevant Wage Regulation Order that regulates the specific sector of industry. Where the type of activity of work is not regulated by any W.R.O., the sick leave entitlement of an employee amounts to two working weeks per year (calculated in hours) as stipulated by L.N. 432 of 2007 – Minimum Special Leave Entitlement Regulations.
In occasions of sickness, a medical certificate has to be presented to the employer. If the absence from work is not covered by a medical certificate, other arrangements (like applying for leave) have to be sought.
The employer is only required to issue wages for the amount of sick leave entitlement provided by law. If an employee remains sick after having exhausted all the sick leave entitlement, s/he will only continue to receive the Sickness benefit from the Social Security to which s/he may be entitled.
Disclaimer:
On clicking the links above you will be redirected to an external website. The Department of Industrial and Employment Relations accepts no responsibility for the content of this website.
Maternity Leave:
By law, a pregnant employee is entitled to maternity leave. In the case of an employee who is pregnant, breastfeeding or has recently given birth, and who could be exposed to a risk at work that could jeopardise her health and safety and/or the pregnancy/the child, such employee is entitled to special maternity leave as long as the risk exists.
An employee is also entitled to time off without loss of pay or any other benefit, in order to attend ante-natal examinations, if such examinations have to take place during her hours of work.
A pregnant employee can resort to maternity leave for an uninterrupted period of fourteen (14) weeks; with full pay. As from 2012 the entitlement of maternity leave was extended to sixteen weeks and as from 2013, it will be extended to eighteen weeks. However if the employee chooses to avail herself of any additional maternity leave beyond the fourteen weeks, the employer shall not be obliged to pay any wages for those weeks of maternity leave which go beyond the aforementioned fourteen weeks, without prejudice to any relevant benefit in respect of any period of maternity leave which goes beyond fourteen weeks in terms of the Social Security Act to which the employee may be entitled.
She has to notify her employer in writing of the date when she intends to avail herself of such entitlement at least four weeks before its commencement, in so far as is reasonably practicable. The employee is obliged to avail herself of six (6) weeks of the total entitlement immediately after the date of confinement. Another four (4) weeks are to be taken immediately before the expected date of confinement, unless agreed otherwise between the employer and the employee. The remaining balance of entitlement to be availed of, in whole or in part may be taken, either immediately before or immediately after the aforementioned periods, as the employee may decide.
On termination of maternity leave, the employee has the right to resume work in the post formerly occupied on the commencement of the maternity leave and if such post is no longer available, to a related post.
This entitlement is regulated by the relevant Wage Regulation Order and by L.N. 439 of 2003 – Protection of Maternity (Employment) Regulations.
Disclaimer: On clicking the links above you will be redirected to an external website. The Department of Industrial and Employment Relations accepts no responsibility for the content of this website.