Malta Extends Parental Leave Rights To Parents Of Children Born Abroad

Legal Notice 102 of 2026 was published earlier this week and will come into force within 2 months of its publication. These amendments mark a significant step forward in recognising the rights of working parents whose children are born outside Malta.

The new regulations apply to workers whether employed on a full-time, part-time, indefinite, or fixed-term basis, who are recognised as parents on a foreign act of birth that is subsequently registered in Malta. Crucially, neither parent indicated on the act of birth must have given birth to the child. The entitlement does not apply in cases of adoption, which is governed by separate legislation.

Eligible employees are entitled to an uninterrupted period of 18 weeks’ leave. The first 14 weeks are to be paid at full wages by the employer, while any remaining leave is to be compensated in accordance with the Social Security Act. Leave may commence on the date of birth or up to 2 weeks prior to the expected date of birth.

Where both parents are employed, they may agree in writing on the allocation of leave between them. Failing such agreement, each parent shall be entitled to 9 weeks’ leave. Employees availing themselves of this entitlement will not be separately entitled to paternity leave.

The regulations include robust protections for workers taking this leave. Employees are entitled to return to the same post or an equivalent one upon conclusion of their leave and retain all rights and benefits accruing to comparable workers during their absence, including the right to apply for promotions. Employers are also prohibited from requiring employees to work overtime for a period of 12 months from the date of the child’s birth.

In addition, workers are protected from dismissal from the date they notify their employer of the intended leave until the end of the leave period. Any dismissal during this window will be subject to strict legal scrutiny, and a dismissal will be deemed unfair if the principal reason is that the employee sought to exercise rights under the new regulations.

In light of these amendments, employers are encouraged to take timely steps to ensure compliance. HR policies, staff handbooks, and employment contracts should be reviewed and updated ahead of the regulations coming into force. Employers should also ensure familiarity with the applicable documentation and notification requirements.

These changes reflect a broader policy commitment to recognising diverse family structures within Malta’s employment law framework. By extending substantive parental leave rights to workers previously not covered in such circumstances, the amendments mark a significant and progressive step in Maltese employment law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.