Parental Leave in Malta: The Four Months Parents Can Use Until Their Child Turns Eight

Having a child brings plenty of changes, and for working parents, understanding parental leave in Malta and how much time they can actually spend at home without putting their job at risk can quickly become an important question.

Malta currently provides 18 weeks of statutory maternity leave. The first 14 weeks are paid in full by the employer, while the remaining four weeks are optional and are not paid by the employer. A mother taking those additional weeks may, however, qualify for the Maternity Leave Benefit through Social Security.

For many families, 18 weeks can still feel like a relatively short period before a mother returns to work. This may change in the future. During the 2026 election campaign, the Labour Party pledged to extend maternity leave to 26 weeks, increase paternity leave from 10 working days to one month, improve the payment available during parental leave, and introduce an additional 28 days of fully paid leave to be shared by parents when their child is between one and two years old.

Following the Government’s recent re-election, these commitments will be particularly relevant to working families. However, until the necessary legislative changes are introduced, they should be treated as proposed changes rather than current statutory entitlements.

For now, Malta’s existing parental leave rules provide another important option which many parents may not realise they have. Unlike maternity leave, parental leave is not limited to the months immediately surrounding childbirth. Eligible mothers and fathers can each have up to four months of parental leave per child, which can be used at different stages until the child reaches eight years of age.

The current system was introduced through Legal Notice 201 of 2022, the Work-Life Balance for Parents and Carers Regulations, S.L. 452.125, which came into force on 2 August 2022.

What makes the system slightly more complicated is that not all four months are paid, the paid weeks are spread across different stages of the child’s life, and only the unpaid part of the entitlement can be transferred between parents.

So, how does it actually work?

Who is entitled to parental leave in Malta?

Both male and female employees have an individual right to parental leave following the birth, adoption or legal custody of a child. The rules also cover qualifying foster parents.

An employee generally needs to have worked continuously for the same employer for at least 12 Monate before becoming entitled to parental leave, unless a shorter qualifying period has been agreed with the employer.

The current paid parental leave system applies to births and adoptions occurring on or after 2 August 2022. Where the entitlement arose before that date, the previous system of four months of unpaid parental leave applies.

Four months does not mean four months at full salary

This is probably the most important distinction. Each parent receives four months of parental leave, but under the current system:

1. 2 months, or 8 weeks, can qualify for payment
2. 2 months, or 8 weeks, are unpaid

The paid eight weeks are not paid at the employee’s normal salary. Instead, they are paid at the statutory rate established for Sickness Benefit under the Social Security Act.

This is important for employees planning their finances. Someone earning €2,000 or €3,000 per month, for example, should not expect their normal monthly salary during statutory paid parental leave.

The eight paid weeks are spread across the child’s first eight years

Parents cannot necessarily take all eight paid weeks whenever they choose. The paid entitlement is divided according to the child’s age:

This means the system is designed to provide some parental leave support beyond the baby’s first months.

For example, if a parent decides to take all four months of parental leave while the child is two years old, this is possible. However, only the four paid weeks available in the 0-to-4 age bracket would be paid at that stage. The remainder would be unpaid.

Can parental leave be transferred between the mother and father?

Yes, but only partly. The first two months, or eight paid weeks, are individual and non-transferable.

A mother cannot transfer her unused paid parental leave to the father, and the father cannot transfer his paid entitlement to the mother. The position is different for the remaining two months of unpaid parental leave. That unpaid portion can be transferred from one parent to the other.

So, in simple terms:

1. Paid 8 weeks: belong individually to each parent and cannot be transferred.
2. Unpaid 8 weeks: can be transferred between parents.

This can be particularly useful for families where one parent would prefer to remain at work while the other takes a longer period away from employment.

How do you request parental leave?

Employees should not simply treat parental leave as ordinary annual leave. The employee must provide the employer with at least two weeks’ written notice of their intention to take parental leave. The request should clearly state the intended beginning and end of the leave period. Therefore, paid parental leave is generally taken in established periods of at least two weeks at a time.

Can an employer refuse parental leave?

Parental leave is a statutory employment right where the employee satisfies the applicable conditions. However, the regulations provide for circumstances in which an employer may postpone the granting of parental leave for justifiable reasons related to the operation of the workplace.

Who pays the paid parental leave?

This part is particularly important for employers. For qualifying paid parental leave, the employer pays the employee the applicable statutory amount and can subsequently apply for reimbursement through the Department of Social Security’s Parental / Adoption Leave Trust Claim.

The reimbursement mechanism applies to the eight weeks of paid parental leave, subject to the relevant eligibility conditions and age brackets. In other words, the qualifying statutory parental leave payment does not necessarily remain a final cost for the employer.

A practical example

Suppose a couple has a child born in September 2024 and both parents satisfy the employment requirements.

Each parent has their own four-month parental leave entitlement.

The mother could use four weeks of paid parental leave while the child is under four. She could later use another two paid weeks after the child turns four but before six, and the final two paid weeks between six and eight.

The father has his own separate paid entitlement, following the same structure. Neither parent can transfer those paid weeks to the other.

However, if the father does not intend to use some or all of his two-month unpaid portion, that unpaid entitlement can be transferred to the mother, subject to the applicable conditions.

This is what makes parental leave different from the leave immediately associated with the birth. Families do not necessarily need to use the entire entitlement while the child is a baby.

What happens if you change employer?

The 12-month qualifying period is particularly important here because eligibility generally requires continuous employment with the same employer for at least 12 months. Employers are also required to maintain records of parental leave taken by their employees.

An employee can request a written statement showing their parental leave record, including after their employment has ended. The employer must provide the statement within two weeks of receiving the written request.

This can become particularly relevant when someone changes jobs while still having unused parental leave.

Current law and what could come next

Malta’s family leave system has gradually expanded over recent years. The introduction of paid parental leave in 2022 was an important change because previously the four-month parental leave entitlement was unpaid.

For families today, however, the difference between statutory benefit rates and normal earnings can still make taking extended parental leave financially difficult.

That is why the proposals made during the 2026 election campaign could be particularly significant if translated into law. Extending Mutterschaftsurlaub to six months, increasing paternity leave and improving the financial support available during parental leave would substantially change the current system.

For the moment, however, parents and employers should continue to work on the basis of the existing statutory rules until any amendments are formally enacted.

And there is already an entitlement worth knowing about: parental leave does not have to disappear once maternity or paternity leave ends. Eligible parents can keep part of it for later, potentially using it when family life demands a little more time, whether the child is two, five or approaching eight.

This article provides general information on parental leave and related employment rights in Malta and should not be considered legal, employment or tax advice. Entitlements can depend on individual circumstances, applicable Wage Regulation Orders, collective agreements and future legislative amendments.