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Work-Life Balance for Parents and Carers Regulations

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Thanks of Legal Notice 201 of 2022 the new parent's will be a better balance between their person and family life and their career.

Malta transposed Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, and now the parents they will no longer have to choose if they prefer working or having a family.

 Most significantly, the Directive introduces paternity leave, carers’ leave, flexible working arrangements and new and improved requirements for parental leave.Effectively, the Legal Notice injects a new notion into Maltese law - fathers and equivalent second parents will be entitled to ten days of paid leave immediately after the birth or adoption of their child.It can be availed of regardless of the period of employment at the time of birth or adoption and regardless of family or marital status.Additionally, the Legal Notice has improved conditions for the already-existing parental leave entitlement, regulated by Subsidiary Legislation 452.78, Parental Leave Entitlement Regulations (Now Repealed).

Now, each parent is entitled to four months of parental leave, two of which are paid (at the same rate established for the sickness benefit entitlement under the Social Security Act) and are transferrable. Alternatively, an agreement stipulating otherwise may be reached between the employer and the employee. Parents may benefit from this entitlement if they have been in employment with the same employer for a continuous period of at least twelve (12) months. Should an employee have an existing balance of parental leave when changing employer or employment, the leave balance is transferred accordingly. The Legal Notice has introduced another notion to improve working arrangements for both parents and carers.

The Legal Notice comes into force on 2 August 2022, the deadline set forth by the Directive and it will be applicable to any employment contract, including fixed or indefinite contracts and full-time or part-time contracts, contracted under Maltese legislation.

 

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