L.S. 452.101 Regolamenti dwar Dritt Minimu ta' Leave Speċjali

(1)The title of these regulations is the Minimum Special Leave Entitlement Regulations.

(2)These regulations establish the minimum rights to sick leave, birth leave, bereavement leave, marriage leave, injury leave, leave for jury service, quarantine leave and special parental bereavement leave, and these shall apply to all employees, whether on a whole-time or a part-time basis: Title and scope. Amended by: L.N. 62 of 2020; L.N. 275 of 2025. Provided that employees on a part-time basis shall have the respective rights on a pro rata basis.

(3)These regulations shall be applicable without prejudice to the introduction and, or implementation of provisions in other legislation under the Act, collective agreements or any other agreement entered into between employers and employees, which are more favourable to the workers.

(4)Nothing in these regulations shall be construed as reducing any entitlement enjoyed by any employee on the date of publication of these regulations in terms of any recognised conditions of employment or under an existing contract of employment. 2.

(1)For the purposes of these regulations: ''the Act'' means the Employment and Industrial Relations Act; Definitions. Amended by: L.N. 62 of 2020; L.N. 275 of

1. Cap.
2. ''bereavement leave'' means leave to be granted to the employee without loss of wages on the occasion of the death of the spouse, parent, son, daughter, brother or sister of the employee, and includes a person who has, or in the past had, legal custody of the employee, or a person who is in the legal custody of the employee; ''birth leave'' means leave without loss of wages granted to a father on the occasion of the birth of his child; "Department" shall have the same meaning as assigned to it in the Social Security Act; ''injury leave'' means leave on full wages, less the full amount of any injury benefit to which the employee may be entitled under the Social Security Act, if the employee suffers personal injury caused by accident arising out of and in the course of his employment, or by any of the diseases specified in the first column of the Fourth Schedule to the Social Security Act (being a disease due to the nature of his work) not due to any contributory negligence on his Cap.
3. Cap.
4. 2 [ S.L.452.101 MINIMUM SPECIAL LEAVE ENTITLEMENT part or to any contravention of safety rules laid down by the management; ''jury service leave'' means leave to be granted without loss of wages to an employee who is called to serve as a juror, to enable him to attend to his duties at the Courts; ''marriage leave'' means leave to be granted without loss of wages to an employee on the occasion of his or her marriage; Cap.
5. "quarantine leave" means leave to be granted to the employee without loss of wages in such cases where the employee is legally obliged to abide by a quarantine order confining the employee to a certain area or to certain premises as determined by the Superintendent of Public Health under the Public Health Act or by any public authority under any other law; ''sick leave'' means leave granted to the employee whenever an employee presents a medical certificate certifying incapacity for work; "special parental bereavement leave" means leave granted to the employee without loss of wages on the occurrence of the death of a child under the age of eighteen

(18)years, without prejudice to bereavement leave.

(2)Subject to the provisions of subregulation

(1), terms and expressions used in these regulations shall, unless the context otherwise requires, have the meaning assigned to them in the Act. Sick leave. Amended by: L.N. 118 of 2010. Cap. 318. 3.

(1)A whole-time employee whose entitlements are not covered by a Wages Council Wage Regulation Order shall, on employment, be entitled to sick leave, of at least the equivalent in hours, calculated as provided for in subregulation

(3), of two working weeks sick leave in every calendar year on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, and part-time employees shall have a pro rata entitlement to sick leave in hours on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, which amount is also to be calculated on a pro rata basis: Provided that (

1. a)the first three days of any claim for sick leave shall be paid in full by the employer; and Cap. 318. (
2. b)persons in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

(2)Unless otherwise provided in an applicable collective agreement, an employee who has been absent from work on sick leave shall present a medical certificate issued by a registered medical practitioner attesting to the employee’s incapacity for work MINIMUM SPECIAL LEAVE ENTITLEMENT [ S.L.452.101 3 during any such period of absence. Such medical certificate shall be presented to the employer on the day of return to work or, if such period of absence is longer than seven days, within seven days of the onset of sick leave absence. The employer shall have the right, if he deems fit, to send a medical practitioner to visit and examine an employee who is on sick leave.

(3)The sick leave entitlement shall be calculated on the basis provided for annual leave as specified in regulation 8

(1)of the Organisation of Working Time Regulations. S.L. 452.87

(4)Notwithstanding subregulation

(1), when an employee is in employment for less than twelve months, the employee shall only be entitled to sick leave as is in proportion to the period in employment. 4.

(1)Every employee shall on employment, be entitled to be granted by his employer: (

1. a)one working day of bereavement leave; (
2. b)one working day of birth leave; (
3. c)two working days marriage leave; (
4. d)up to one year of injury leave; (
5. e)jury service leave for as long as necessary; (
6. f)quarantine leave for any period of quarantine as may be determined by the Superintendent of Public Health or by any other public authority; (
7. g)that number of working days of special parental bereavement leave which, when added to the bereavement leave established by an applicable Wages Council Wage Regulations Order, as the case may be, or in the absence thereof, the bereavement leave established in paragraph (a), amounts to a total of seven

(7)working days. The employer has the right to file an application with the Department for a refund of the payment specifically and limitedly related to those working days of special bereavement leave, which application shall be submitted within three

(3)months from when the special parental bereavement leave would have been availed of by the employee: Provided that the employer shall not have the right for a refund of the payment related to those working days of bereavement leave established by an applicable Wages Council Wage Regulations Order, as the case may be, or in the absence thereof, the bereavement leave established in paragraph (a): Provided further that in the event that the employer fails to submit an application with the Department for the refund of the payment specifically related to those days of special parental bereavement leave within a period of three

(3)months, he shall forfeit the right to receive such refund. Provided further that these specific leave entitlements, with the exception of quarantine leave and special parental Other leave. Amended by: L.N. 62 of 2020; L.N. 275 of 2025. 4 [ S.L.452.101 MINIMUM SPECIAL LEAVE ENTITLEMENT bereavement leave shall only apply in the case of an employee who is not covered by an applicable Wages Council Wage Regulation Order.

(2)An employer shall be entitled to request documentation from an employee: (

1. a)showing when the events referred to in paragraphs (
2. c)and (
3. e)in the previous subregulation are scheduled to occur; (
4. b)showing that the event referred to in paragraph (
5. d)in the previous subregulation has actually occurred; and (
6. c)on return to work, showing that the events referred to in paragraphs in paragraphs (a), (b), (c), (e), (
7. f)and (
8. g)in the previous subregulation have actually taken place.

(3)The entitlement to bereavement leave, birth leave, marriage leave and special parental bereavement leave shall be availed of on the next working day after the occurrence of the relevant event, unless otherwise requested by the employee, who may request a postponement of up to two weeks after the event in compelling circumstances linked to the same event. In such cases the employer shall grant the employee the postponement as requested. Offences. 5. 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 minimum fine (multa) of four hundred and sixty-five euro and eighty seven cents (€465.87).