Malta has expanded its family-related employment rights through Legal Notice 102 of 2026, which amends the Work-Life Balance for Parents and Carers Regulations by introducing a new statutory leave entitlement for employees who become recognised parents of children born outside Malta.
The regulations, which are set to come into force on 21 June 2026, address a gap in the existing legal framework by extending employment protections and leave rights to parents whose parenthood is legally recognised in Malta following a birth abroad. This new entitlement is particularly relevant to surrogacy arrangements, as it applies where neither of the persons identified as a parent in the child’s foreign birth registration has given birth to the child. The entitlement does not extend to adoption, which continues to be governed by separate adoption leave provisions.
Eligible whole-time and part-time employees, whether engaged on an indefinite or fixed-term contract, may be entitled to up to 18 consecutive weeks of leave. The leave may commence either on the date of birth of the child or up to two weeks before the expected date of birth, at the employee’s discretion. Employers are required to pay full wages for the first 14 weeks of leave. Any additional leave taken beyond that period is unpaid by the employer, although the employee may qualify for benefits under the Social Security Act, subject to the applicable eligibility requirements.
From a practical perspective, employers will need to manage a number of notification and documentary requirements. Employees intending to avail themselves of the leave must notify their employer in writing of the expected date of birth, generally at least four weeks before that date, and provide the supporting documentation required by the regulations, issued by a clinic, healthcare institution or competent authority, confirming their involvement in the pregnancy as an eventual parent. Following their return to work, employees must also provide, within two calendar months of returning to work, an authenticated copy of the act of birth registered in Malta, recognising them as a parent. Where there is more than one recognised parent, the regulations also require proof of the other parent’s employment status or, where both parents are employed, a written agreement setting out how the leave will be divided between them.
The regulations contain a number of additional provisions which may have practical implications for both employers and employees, including rules relating to probation, overtime, the interaction of this entitlement with other forms of leave, and the consequences of non-compliance with certain statutory requirements. Employers should therefore ensure that their internal policies and procedures are reviewed ahead of the regulations’ entry into force.
During the leave period, employees benefit from enhanced employment protections. They are deemed to remain in employment and, subject to certain exceptions, continue to enjoy the rights and benefits applicable to employees in the same class or category. The regulations also protect employees against dismissal connected with their intention to take, or actual taking of, such leave, and require additional procedural safeguards where termination is based on good and sufficient cause.
The introduction of this new entitlement reflects an ongoing shift towards a more inclusive approach to family-related employment rights, recognising that modern pathways to parenthood increasingly extend beyond traditional domestic arrangements. For employers, the reform represents another important development within Malta’s evolving employment law landscape and highlights the need for continued attention to workplace compliance and HR governance.
At David Zahra & Associates Advocates, we regularly assist employers and HR professionals in understanding and implementing new employment law obligations, including leave entitlements, workplace policies and regulatory compliance requirements.
Should you require guidance, we would be happy to assist.
