🤰 How many weeks of maternity leave am I entitled to in Malta and how many are paid?

Yes

Quick answer

Yes — every employee is entitled to 18 weeks of maternity leave, not 14 as many believe. Under the Protection of Maternity (Employment) Regulations (S.L. 452.91), the leave is 18 weeks (126 days) without interruption. The first 14 weeks are paid by the employer at full salary; the last 4 weeks are not paid by the employer but are covered by a government benefit (the Maternity Leave Benefit) of €213.54 a week. Of these weeks, 6 are compulsory after the birth. The myth: that the leave is only 14 weeks — that old figure was overtaken when the extra 4 government-funded weeks were added. The EIRA prohibits dismissal on the ground of pregnancy or maternity, and this right is protected.

📋 The rules

Maternity leave is 18 weeks (126 days) without interruption, under S.L. 452.91.
The first 14 weeks are paid by the employer at full salary.
The last 4 weeks are covered by a government benefit of €213.54 a week, not by the employer.
6 weeks of the leave are compulsory and must be taken after the birth.
The EIRA (Cap. 452) prohibits dismissal or discrimination on the ground of pregnancy or maternity.

🔓 Exceptions

The government benefit for the last 4 weeks is for employed and self-occupied women who have taken all 14 weeks.
If an employee does not return to work after the leave, or resigns shortly after, the employer may in certain cases reclaim the maternity payment.
Certain additional rights (such as parental leave or adoption) run under separate rules from those for maternity.

⚠️ Penalties & fines

An employer who denies maternity leave, pays less than due, or dismisses a woman because of pregnancy or maternity is breaching the EIRA, and the case can be brought before the Industrial Tribunal or the DIER. A dismissal linked to pregnancy or maternity is expressly not justified under Article 36(14), and can lead to compensation or even reinstatement. In 2025, the EIRA was strengthened: the time limit to start proceedings for employment offences rose from one to two years, and fines increased. On the other hand, the employee should note that the last 4 weeks are paid at the flat government rate (€213.54), not full salary, and if she does not return under the conditions certain payments may be reclaimed. The right stays protected, but it has to be exercised properly.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

How many weeks of maternity leave do I get in Malta?

The entitlement is 18 weeks (126 days) without interruption under S.L. 452.91. The idea that it is only 14 weeks is an old figure that was overtaken when the last 4 government-funded weeks were added.

How many are paid and by whom?

The first 14 weeks are paid by the employer at your full salary. The last 4 weeks are not paid by the employer but are covered by a government benefit (the Maternity Leave Benefit) of €213.54 a week.

Are there weeks I must take after the birth?

Yes, 6 weeks of the leave are compulsory and must be taken after the child is born. The remaining weeks can be arranged before and after the birth depending on the agreement with your employer and your medical condition.

Can my employer dismiss me for being pregnant?

No, dismissal on the ground of pregnancy or maternity is expressly not justified under Article 36(14) of the EIRA. If it happens, you can bring the case before the Industrial Tribunal, which can order compensation or reinstatement.

What if I do not return to work after the leave?

If you do not return under the conditions, or resign shortly after, the employer may in certain cases reclaim part of the maternity payment. It is wise to check your contract and conditions before taking a final decision.

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