![[Malta] Paternity leave: a step in the right direction](http://globalpayrollassociation.com/cdn/shop/articles/bigstock-Paternity-Leave-Black-Man-Usi-428703179_1200x.jpg?v=1633545934)
Gender inequality remains one of the biggest issues society faces, despite being in the 21st century, and in Malta, certain gender stereotypes persist and are reflected in legislation. Mondaq summarises the key information you need to understand about maternity and paternity rights in the country today.
It is evident that one parent (whether male or female) is expected to drop everything to focus on taking care of their newborn child following birth and it has become common practice that this parent uses maternity leave for their time off, regardless of their personal preference.
Under Maltese law, a pregnant woman who is in employment is entitled to 18 uninterrupted weeks of maternity leave, where the first 14 weeks are paid by the employer, and the remaining 4 weeks are paid by the Government. As a general rule, the employee must inform her employer that she intends to avail of such leave, at least 4 weeks in advance.
By contrast, as per Subsidiary Legislation 452.101, the 'Minimum Special Leave Entitlement Regulations', a father is entitled to birth leave consisting of 1 working day on the occasion of the birth of his child.
Another option is that of parental leave which is regulated by Subsidiary Legislation 452.78, the 'Parental Leave Entitlement Regulations'. Here, both male and female workers have the individual right to be granted unpaid parental leave in cases of birth, adoption, fostering, or legal custody of a child to enable them to take care of that child for a period of 4 months until the child has attained the age of 8 years. Parental leave can be availed of in established periods of 1 month each. For an employee to be eligible to apply for parental leave, such employee must have covered at least 12 months of continuous service with his / her employer, unless a shorter period is agreed to between the employee and employer.
Therefore, taking everything into consideration, fathers are either entitled to paternity leave amounting to 1 working day at full pay or they can choose to opt for unpaid parental leave. Leaving the burden of responsibility heavily weighted towards the woman taking her maternity leave. Obviously, there is much to be done to redress the balance.
The EU Work-Life Balance Directive
In 2019, the EU Work-Life Balance Directive (Directive 2019/1158) entered into force. The main aim of the Directive is to improve access to family leave and flexibility arrangements. As of August 1, 2019, all Member States have a period of 3 years within which to transpose this
Directive into their national legislation. Measures under the Directive include:
* The introduction of paternity leave where fathers shall be eligible to take at least 10 working days of paternity leave around the time of the birth of their child, compensated at least at the same level of sick leave entitlement;
* Ensuring that 2 out of the 4 months of parental leave are non-transferable between parents and compensated at a level that is determined by the Member State;
* The introduction of carers' leave, where workers providing personal care or support to a relative will be entitled to 5 days of leave per year; and
* Extending the right to request flexible working arrangements to carers and working parents of children up to 8 years old.
It is apparent that much more can and needs to be done for employees in Malta, however, the introduction of this Directive is a step in the right direction.
Source: Mondaq
(Links via original reporting)
Gender inequality remains one of the biggest issues society faces, despite being in the 21st century, and in Malta, certain gender stereotypes persist and are reflected in legislation. Mondaq summarises the key information you need to understand about maternity and paternity rights in the country today.
It is evident that one parent (whether male or female) is expected to drop everything to focus on taking care of their newborn child following birth and it has become common practice that this parent uses maternity leave for their time off, regardless of their personal preference.
Under Maltese law, a pregnant woman who is in employment is entitled to 18 uninterrupted weeks of maternity leave, where the first 14 weeks are paid by the employer, and the remaining 4 weeks are paid by the Government. As a general rule, the employee must inform her employer that she intends to avail of such leave, at least 4 weeks in advance.
By contrast, as per Subsidiary Legislation 452.101, the 'Minimum Special Leave Entitlement Regulations', a father is entitled to birth leave consisting of 1 working day on the occasion of the birth of his child.
Another option is that of parental leave which is regulated by Subsidiary Legislation 452.78, the 'Parental Leave Entitlement Regulations'. Here, both male and female workers have the individual right to be granted unpaid parental leave in cases of birth, adoption, fostering, or legal custody of a child to enable them to take care of that child for a period of 4 months until the child has attained the age of 8 years. Parental leave can be availed of in established periods of 1 month each. For an employee to be eligible to apply for parental leave, such employee must have covered at least 12 months of continuous service with his / her employer, unless a shorter period is agreed to between the employee and employer.
Therefore, taking everything into consideration, fathers are either entitled to paternity leave amounting to 1 working day at full pay or they can choose to opt for unpaid parental leave. Leaving the burden of responsibility heavily weighted towards the woman taking her maternity leave. Obviously, there is much to be done to redress the balance.
The EU Work-Life Balance Directive
In 2019, the EU Work-Life Balance Directive (Directive 2019/1158) entered into force. The main aim of the Directive is to improve access to family leave and flexibility arrangements. As of August 1, 2019, all Member States have a period of 3 years within which to transpose this
Directive into their national legislation. Measures under the Directive include:
* The introduction of paternity leave where fathers shall be eligible to take at least 10 working days of paternity leave around the time of the birth of their child, compensated at least at the same level of sick leave entitlement;
* Ensuring that 2 out of the 4 months of parental leave are non-transferable between parents and compensated at a level that is determined by the Member State;
* The introduction of carers' leave, where workers providing personal care or support to a relative will be entitled to 5 days of leave per year; and
* Extending the right to request flexible working arrangements to carers and working parents of children up to 8 years old.
It is apparent that much more can and needs to be done for employees in Malta, however, the introduction of this Directive is a step in the right direction.
Source: Mondaq
(Links via original reporting)