B 1053
B 1053
L.N. 201 of 2022
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
The Work-Life Balance for Parents and Carers Regulations, 2022
IN EXERCISE of the powers conferred by article 48 of the
Employment and Industrial Relations Act, the Minister responsib le for
Employment and Industrial Relations, has made the following
regulations:-
Title and 
commencement.1. (1) The title of these regulations is the Work-Life
Balance for Parents and Carers Regulations, 2022.
(2) These regulations shall come into force on the 2 August,
2022.
Scope and 
applicability. 2. (1) The scope of these regulations is to transpose the
relevant provisions of Directive (EU) 2019/1158 of the European
Parliament and of the Council of 20 June 2019 on work-life bala nce
for parents and carers and repealing Council Directive 2010/18/ EU.
(2) These regulations transpose minimum requirements
designed to achieve equality between men and women with regard to
labour market opportunities and treatment at work, by facilitat ing the
reconciliation of work and family life for workers who are pare nts, or
carers. To that end, these regulations provide for individual r ights
related to the following:
(a) paternity leave, parental leave and carers' leave;
(b) flexible working arrangements for workers who are
parents, or carers.
(3) These regulations apply to all workers, men and women,
who have an employment contract or employment relationship as
defined by law, collective agr eements or practice in force, tak ing into
account the case-law of the relevant courts of justice of Malta  as well
as the Court of Justice of the European Union. 
Definitions. 3. (1) In these regulations, unless the context otherwise
requires:
Cap. 452. "the Act" means the Employment and Industrial Relations Act;
"carer" means any worker providi ng personal care or support to a
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relative, or to a person who lives in the same household as the worker,
and who is in need of care or support for a serious medical reason;
"carers’ leave" means leave from work for workers in order to
provide personal care or support to a relative, or to a person who livesin the same household as the worker, and who is in need of care or
support for a serious medical reason;
"flexible working arrangements" means the possibility for
workers to adjust their working patterns, including through the use ofremote working arrangements, flexible working schedules, or red uced
working hours;
Cap. 602."foster carer" means one or more persons approved by the
Fostering Board, as established by article 38 of the Minor Prot ection
(Alternative Care) Act, to foster a child;
"foster carers’ leave" means leave from work for workers in
order to provide care or support to a child under foster care;
"parental leave" means leave from work for parents on the
grounds of the birth or adoption of a child to take care of tha t child;
"paternity leave" means leave from work for fathers or, where
and insofar as recognised by national law, for equivalent secon d
parents, on the occasion of the birth or the adoption of a child for thepurposes of providing care;
Cap. 452. "pro rata " shall have the same meaning attributed to it by article
2 of the Act: 
Provided that: 
(a) when the employee is in part-time employment on a
variable time schedule, the number of hours of work per week
shall be the average number of hours of work per week spread
over successive thirteen (13) week periods commencing on thefirst of January of each calendar year; and 
(b) when the employee has not been in part-time
employment for a period of thirteen (13) weeks, the averagenumber of hours of work per week  shall be calculated over the
number of weeks in employment;
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S.L. 452.88.
Kap. 452."relative" means a worker’s son, daughter, mother, father, spou se
or, partner in civil partnership, without prejudice to regulation 4(3) of
the Urgent Family Leave Regulations;
"worker" shall have the same meaning attributed to it by the Act. 
S.L. 452.87. (2) Without prejudice to the Organisation of Working Time
Regulations, reference to working days in these regulations shall beunderstood as referring to the full-time working pattern.
Paternity leave. 4. (1) Fathers or, equivalent second parents, have the right
to paternity leave of ten (10) working days, to be taken on the  occasion
of the birth or the adoption of the worker’s child, immediately  after the
birth or the adoption of the child, without loss of wages.
(2) The right to paternity leave shall not be subject to a perio d
of work qualification or to a length of service qualification.
(3) The right to paternity leave shall be granted irrespective o f
the worker’s marital or family status.
Parental Leave. 5. (1) Every worker is entitled to parental leave per child,
whether full-time, part-time, a nd whether employed on an indefinite or
fixed-term contract:
Provided that in all cases, the worker has been in the
employment with the same employer for a continuous period of at  least
twelve (12) months:
Provided further that for the purpose of calculating the
twelve (12) month qualifying period, in case of workers with a fixedcontract term:
(a) when there are successive  fixed term contracts with
the same employer, the sum of th ese contracts shall be taken in to
account, and
(b) when there is a fixed term contract which is renewed
within a six (6) month period from its termination, the saidperiod between the two contracts shall also be taken intoaccount:
Provided further that unless the employer and the employee
agree otherwise, the employer shall not, during the period of parentalleave, have the right to suspend the parental leave and to requ est the
employee to return to work before the agreed date of resumption ofduties, and the employee shall have no right to return to work prior to
the agreed date of resumption of duties.
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(2) The minimum periods of en titlement mentioned in the
preceding sub-regulation shall be applicable unless a shorter period of
entitlement has been established in the contract of service of the
worker or in a collective agreement applicable to the worker.
(3) These regulations shall be applicable without prejudice to
the introduction and implementation of more favourable provisions incollective agreements or other agreements entered into between the
employer and the worker.
(4) Workers have the right to request that they take parental
leave in flexible ways. The employer shall consider and respond  to
such requests, taking into account the needs of both the employ er and
the worker. The employer shall provide reasons for any refusal to
accede to such a request in writing within two (2) weeks from therequest:
Provided that, without prejudice to any collective
agreement applicable to the worker, the employer together with the
worker may decide whether to grant the parental leave on a full-time ora part-time basis, or in a piecemeal way.
(5) A worker applying for parental leave from the employer
shall be bound to give a minimum of two (2) weeks notice in wri ting,
specifying the beginning and the end of the parental leave, pri or to
taking such leave.
Cap 452. (6) Without prejudice to the Act, the Minister may issue
regulations to provide for conditions of access to and detailed
arrangements for the application of paren tal leave adapted to the needs
of adoptive parents, parents with a disability and parents with children
with a disability, or a long-term illness:
Cap. 452.
Cap 413. Provided that in the case of p arents with a disability or
parents with children with a disability, without prejudice to the
applicability of the Act, any arrangement concerning parental l eave
which goes counter to the provisions of the Equal Opportunities
(Persons with Disability) Act shall be considered null and void .
(7) Upon the granting of parental leave, during the period of
parental leave, the employee shal l have the right to apply for
promotion opportunities arising within the place of work, and in orderto facilitate the return to work following parental leave, both theemployer and employee concerned are obliged to maintain contact
during the period of leave and may make arrangements for any
appropriate reintegration measures, which are to be decided bet ween
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the parties themselves
Paid parental 
leave to be 
granted for 
birth, adoption, fostering or 
legal custody of 
a child.6. (1) It shall be the individual right of each parent to be
granted paid parental leave on the grounds of birth, adoption, child
fostering in the case of foster parents, or legal custody of a child, to
enable them to take care of that child for a period of four (4) months
until the child has attained the age of eight (8) years:
Cap 318. Provided that parental leave shall be paid for a period of
two (2) months, at the same rate established for the sickness b enefit
entitlement under the Social Security Act, and parental leave shall be
paid as follows:
(a) fifty per centum (50%) of entitlement will be paid,
where the child or children for whose care parental leave wasgranted has or have not attained four (4) years of age; 
(b) twenty five per centum (25%) of entitlement will be
paid, where the child or children for whose care parental leavewas granted has or have attained the age of four (4) years but has
or have not yet attained the age of six (6) years; and
(c) twenty five per centum (25%) of entitlement will be
paid, where the child or children for whose care parental leave
was granted has or have attained the age of six (6) years but h as
or have not yet attained the age of eight (8) years:
Provided further that in the case of parental leave granted to
foster parents, the rate of payment shall be the same as that e stablished
for parents not being foster parents as stipulated in the first proviso, oncondition that payment of allowa nce will be given as per parent
applying for parental leave and not for each child fostered:
Provided further that two (2) months of parental leave
cannot be transferred:
Provided further that parental leave shall be availed of in
established periods of at least two (2) weeks each, without pre judice to
any agreement reached by the em ployer and employee or collective
agreement.
(2) In the event that the parental leave was not availed of or
there is still an existing balance of parental leave, a worker shallremain entitled to such leave even if there is a change in the employer
or in the employment of the worker, as long as, the worker qualifiestherefor in accordance with sub-regulation (1).
(3) Every employer shall be bound to keep a record of the
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parental leave for every worker, and shall, on the demand of th e
worker which may be made even after termination of employment,
deliver to the worker a written statement of the leave to the worker,within two (2) weeks of a written request. 
Notice and 
request. 7. (1) A worker applying for parental leave from the
employer shall be bound to give a minimum of two (2) weeks noti ce in
writing, specifying the beginning and the end of the parental l eave,
prior to taking such leave.
(2) Paternal and parental leave, as regulated by regulations
4(1) and 5(1), shall commence from the date when the worker pro vides
the employer with: 
(a) the proof of placement in the case of foster carers;
(b) In the case of adoptive parents:
(i) evidence that the legal proceedings necessary
for the adoption to be completed in accordance with the law
have been initiated, and
(ii) a written certifi cate from the competent
authority, designated for this purpose by the Ministerresponsible for social policy, certifying that a positive
home study report has been completed; or
(iii) certified evidence that the couple have legal
custody of the child.
(c) In the case of parents taking leave because of the
legal custody of a child, parental leave shall commence from th e
date when the worker provides certified evidence that the couple
have the legal custody of the child; and
(d) In cases other than those mentioned in paragraphs (a),
(b) and (c), parental leave shall commence when the workerprovides the employer with a birth certificate.
Postponement. 8. (1) An employer who receives notice for parental leave
as prescribed in regulation 7(1), may temporarily postpone thegranting of parental leave for justifiable reasons related to the
operation of the place of work.
(2) For the purposes of this re gulation, the term ''justifiable
reasons'' includes:
(a) where the work carried out  at the place of business is
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of a seasonal nature;
(b) where a replacement cannot be found within the
notice period given by the worker;
(c) where the specific employment of the worker who
requests parental leave is of strategic importance to the
undertaking or place of business;
(d) where the place of business is a small enterprise
employing not more than ten (10) people, provided that theemployer consults with the worker in order to establish
alternative dates when such leave may be availed of, in such a
way to avoid indefinite postponement of the requested parentalleave;
(e) where a significant proportion of the workforce
applies for parental leave at the same time:
Provided that an employer who decides to postpone the
granting of parental leave shall inform the worker in writing o f the
reasons for the postponement within two (2) weeks of receipt of theworker's notice, for cases falling under this sub-regulation:
Provided further that the postponement by the employer of
the granting of parental leave is without prejudice to the worker’s rightto take the parental leave entitlement before the child reaches  eight (8)
years of age at the latest and if such postponement may result in the
loss of the parental leave entitlement or part thereof, it shal l be the
duty of the employer to immediately grant parental leave for a period
equivalent to the leave still unavailed of, or for such other lesser period
as may be requested by the worker:
Provided further that when considering requests for
parental leave, employers shall, prior to any postponement, off er, to
the extent possible, flexible ways of taking parental leave.
Carers’ leave. 9. Each worker has the right to carers' leave of five (5)
working days per year, which shall be unpaid: 
Provided that the worker shall present medical proof that
the relative, or person who lives in the same household as the worker
and in relation to whom carers’ leave is requested, is sufferin g from an
illness and is in need of care and support.
Flexible 
working 
arrangements.10.(1) Workers with children up to the age of eight (8) years,
and carers, have the right to re quest flexible working arrangem ents for
caring purposes:
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Provided that flexible working arrangements may be
limited in duration:
Provided further that when flexible working arrangements
are limited in duration, the worker shall have the right to request to
return to the original working pattern before the end of the ag reed
period where justified on the basis of a change in circumstances. The
employer shall consider and respond to a request for an early r eturn to
the original working pattern, taking into account the needs of both the
employer and the worker.
(2) In these regulations flexible working arrangements may
include but are not limited to, remote working, work on reduced  hours,
and flexitime.
(3) Employers shall consider and respond to requests for
flexible working arrangements within two (2) weeks, providingreasons for any refusal of such requests or for any postponemen t of
such arrangements.
Employment 
rights.11. (1) Rights that have been acquired or that are in the
process of being acquired by workers on the date when leave granted
under these regulations commences, shall be maintained until th e end
of such leave or time off from work. At the end of such leave o r time
off from work, those rights, including any changes arising from thelaw, collective agreements or practice, shall apply. 
(2) At the end of paternal, parental, and carers’ leave, workers
are entitled to return to their jobs or to equivalent posts on terms and
conditions which are no less favourable to them, and to benefit  from
any improvement in working conditions to which they would have
been entitled had they not taken the leave.
Discrimination. 12. Discrimination against workers on the ground that they
have availed themselves of leave, being paternity, parental, carers’
leave, time off from work on grounds of force majeure  or any flexible
arrangement, shall be prohibited.
Protection 
against adverse treatment or 
consequences.
Cap. 452.13. Without prejudice to Article 28 of the Act, no worker, or
any worker being the employees’ representative, lodging a compl aint
with the employer or initiating legal proceedings against the employer
for the purpose of enforcing compliance with the requirements l aid
down in these regulations, shall suffer from any adverse treatm ent or
consequences. 
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Protection from 
dismissal and 
burden of proof.
Cap. 452.14. (1) Any dismissal, or preparations for the dismissal of
workers on the grounds that they have applied for, or have taken,
paternal, parental, carers’ leave, or time off from work on gro unds of
force majeure , or have exercised the right to request flexible working
arrangements, shall be unlawful:
Provided that in the case of parental leave notice of
termination of employment, as provided for in the Act may be gi ven
during the period of parental leave:
Provided further that, a notice of termination given by
either the employer or the employee during parental leave, shal l result
in the automatic suspension of the parental leave from the date  such
notice is given.
(2) Workers who consider that they have been dismissed on the
grounds that they have applied for, or have taken leave provided for insub-regulation (1), or availed themselves of a flexible working
arrangement, may request the employer to provide duly substanti ated
reasons for their dismissal. Suc h reasons shall be provided by the
employer in writing, within fifteen (15) days from a request therefor. 
(3) When a worker establishes, before a competent authority,
facts capable of giving rise to a presumption that he has been dismissed
on the grounds of having applied for, or availed himself of any  leave
mentioned in sub-regulation (1), or of having requested or avai led
himself of a flexible working arrangement, it shall be the responsibility
of the employer to prove that the dismissal was based on other grounds.
Dispute 
resolution. 15. Should a dispute arise between an employer and an
employee regarding the entitlements covered by these regulation s or
any related matter, then either the employer or the employee ma y refer
the matter to the Director General of Employment and Industrial
Relations who shall mediate between the parties.
Repeal and 
saving. 
S.L. 452.78.
Cap. 452.16. (1) The Parental Leave Entitlement Regulations are
hereby repealed.
(2) The revocation of the regulations referred to in sub-
regulation (1) shall be without prejudice to the validity of anything
done or omitted to be done thereunder.
(3) These regulations supersede any less favourable relevant
provisions in any regulations, orders or other subsidiary legis lation
made under or kept in force under the Act and in case of anyinconsistency between such legislation and these regulations, the latter
shall prevail. 
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Prezz /Price
€0.90B 1062
Offences. 17. Any person who contravenes or fails to comply with any
provision of these regulations shall be guilty of an offence against the
Act and shall, on conviction, be liable to a fine ( multa ) of not more
than two thousand euro (€2000 ).
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