Supporting Working Families: Malta Expands Its Work-Life Balance Framework

The Work-Life Balance for Parents and Carers Regulations were introduced in 2022 as part of Malta's implementation of the European Union work-life balance framework, establishing rights such as paternity leave, parental leave and carers' leave. By virtue of Legal Notice 102 of 2026, published on 21 April 2026, the framework has been expanded to address circumstances in which a child is born abroad, and a worker is recognised as a parent on the foreign birth certificate, which is subsequently registered in Malta.

This development is significant because it extends statutory family leave protections to recognised parents who may previously have fallen outside the scope of Malta's existing birth-related leave entitlements.

The principal change introduced by Legal Notice 102 of 2026 is an amendment to the Work-Life Balance for Parents and Carers Regulations, 2022, whereby a new regulation 5A, titled “Leave for recognised parents of children born outside Malta”, is inserted immediately after regulation 5. The new regulation applies where the foreign act of birth is drawn up or registered by the competent authority abroad and is subsequently registered in Malta in accordance with Article 244 of the Civil Code.

The leave entitlement is available to full-time and part-time employees, whether employed on a fixed-term or indefinite contract. Eligible employees are entitled to eighteen (18) weeks of uninterrupted leave. The leave may commence on the child's birth or up to two (2) weeks before the expected date of birth. The first fourteen (14) weeks are paid by the employer, whilst the remaining period is unpaid, subject to any applicable social security entitlements.

Where both recognised parents are employed, the entitlement may be shared by agreement. If no agreement is reached, each parent is entitled to nine (9) weeks. The Regulations also provide that any probationary period is suspended while the leave is being taken and resumes when the employee returns to work.  Adoption cases are expressly excluded.

The new entitlement closely resembles maternity leave. Both provide eighteen (18) weeks of leave, include a fourteen (14)-week paid period, may commence before birth, and offer employment protection during sensitive stages of the employment relationship.

By contrast, paternity leave is limited to ten (10) working days immediately following birth or adoption. The distinction is reinforced by the Regulations, which provide that a worker who avails himself of the new entitlement cannot also claim paternity leave in respect of the same child.

This amendment requires employers to identify qualifying requests correctly and apply the new leave entitlement consistently in practice. Eligible employees benefit from clearer statutory protection where a child is born abroad, and the foreign birth certificate is subsequently registered in Malta.

Our Legal team can assist employers in understanding the practical impact of these changes, reviewing internal leave policies and employee handbooks, and advising on the correct implementation of the new entitlement in line with Maltese employment law requirements.