How much parental leave can a parent take in Malta?
Four months per parent — and since 2022, part of it is paid. Under the Work-Life Balance for Parents and Carers Regulations (Legal Notice 201 of 2022), each parent — mother and father — has an individual right to 4 months of parental leave for each child, which can be taken until the child turns 8. The big change is that two months of those four are now paid at the sickness benefit rate, taken in blocks of at least two weeks. The myth: that "parental leave in Malta is all unpaid" — that was true before August 2022, but not today. This right is non-transferable between the parents: if a father does not use his share, that share is lost and does not pass to the mother. Separately, fathers also have 10 days of paid paternity leave.
📋 The rules
- Each parent has an individual right to 4 months of parental leave for each child.
- The leave can be taken until the child turns 8 years old.
- Since Legal Notice 201 of 2022, two months of the four are paid at the sickness benefit rate.
- The paid leave is taken in blocks of at least two weeks each.
- The right is non-transferable: one parent's share cannot pass to the other if unused.
🔓 Exceptions
- Parental leave is separate from maternity leave and from the 10 days of paid paternity leave.
- The paid portion is meant to be used while the child is young; the amount is measured at the sickness benefit rate under the Social Security Act.
- Registered cohabitants and adoptive parents have the same right to parental leave as married biological parents.
⚠️ Penalties & fines
An employer who denies a worker parental leave or penalises them for asking can be held to account before the Department for Industrial and Employment Relations (DIER). The law protects a parent from dismissal or less favourable treatment for exercising this right, and a dismissal linked to a leave request may be treated as unfair and lead to compensation. The biggest hidden "penalty," though, is lost leave: because the right is non-transferable and tied to the child's age, a parent who does not use their share before the child turns 8 loses it entirely. In the same way, anyone who does not claim the paid portion in the right manner and periods may end up taking the leave unpaid. An employer who keeps poor leave records may find themselves exposed in a dispute.
📎 Official sources
- DIER · parental leave (conditions of employment) →
- Legislation Malta · Employment and Industrial Relations Act (Cap. 452) →
- Legislation Malta · Social Security Act (Cap. 318) — sickness benefit rate →
❓ Frequently asked
Is parental leave in Malta paid?
Part of it is. Since Legal Notice 201 of 2022, two of each parent's four months are paid at the sickness benefit rate, while the rest stays unpaid. Before August 2022 all parental leave was unpaid, and this is the key change many people still do not know about.
Up to what age of the child can I take the leave?
Parental leave can be taken until the child turns 8 years old. Because the right is individual and non-transferable, if you do not use your share before that age you lose it, so it is wise to plan its use in good time and not leave it to the last minute.
Can I give my share to the other parent?
No, parental leave is an individual and non-transferable right between the two parents. If a father or mother does not use their 4-month share, that share is lost and cannot pass to the other parent to double their leave.
Is parental leave the same as paternity leave?
No, they are two separate rights. Paternity leave is 10 paid days taken right after the birth or adoption, whereas parental leave is 4 months per parent that can be spread out until the child turns 8 years old.
Can my employer refuse parental leave?
No, this is a statutory right and an employer cannot simply refuse it or penalise you for using it. If you are denied the leave or treated less favourably, you can file a complaint with DIER, and a dismissal linked to the request may be treated as unfair.
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