The year 2026 witnessed the introduction of several new family-related leave entitlements and benefits under Maltese law. This legal update outlines the principal developments in this regard.
-
Leave for Recognised Parents of Children Born Outside Malta
The Work-Life Balance for Parents and Carers (Amendment) Regulations, 2026, effective from 21 June 2026, introduced a new statutory leave entitlement for recognised parents of children born abroad. The Regulations are principally intended to apply to situations involving children born outside Malta through surrogacy arrangements.
Eligible employees are entitled to up to eighteen weeks of leave. The first fourteen weeks are paid by the employer, whilst the remaining four weeks are unpaid, without prejudice to any benefits which may be applicable under the Social Security Act.
The entitlement starts to run on the child’s date of birth or up to two weeks before the expected date of birth. Where both recognised parents are employed, the entitlement may be shared between them by written agreement. In the absence of such agreement, each parent is entitled to nine weeks of leave.
-
Parental Leave Benefit for Self-Employed Parents
With retrospective effect from 1 January 2026, self-employed parents, including adoptive and foster parents, became entitled to four months of parental or adoption leave per child. The entitlement must be utilised before the child reaches eight years of age. This entitlement is administered by the Department of Social Security in the form of a benefit.
The first two months are paid by the Department of Social Security and are non-transferable between parents, whilst the remaining two months are unpaid and may be transferred.
-
Miscarriage Leave
Effective from 1 January 2026, the Miscarriage Leave Regulations introduced seven working days of paid miscarriage leave following a miscarriage occurring before the 22nd week of pregnancy. Where a miscarriage occurs after the 22nd week, the employee is entitled to maternity leave instead.
The entitlement is available both to the employee who suffers the miscarriage and to the other prospective parent, irrespective of gender, sexual orientation, civil status or family status.
-
Special Parental Bereavement Leave
Although enacted in 2025, the Minimum Special Leave Entitlement (Amendment) Regulations came into force on 1 January 2026 and introduced special parental bereavement leave for employees who experience the death of a child under eighteen years of age.
The entitlement ensures that employees receive a total of seven working days of bereavement-related leave, taking into account any existing bereavement leave entitlement.
What to Consider
These developments have increased the range of statutory family-related leave entitlements and benefits available under Maltese law. Both employers and employees should familiarise themselves with these developments, particularly the eligibility requirements and conditions applicable to each entitlement.
For employers, these developments require a review of existing leave policies, employee handbooks and internal procedures to ensure that they reflect the new statutory entitlements. Employers should also verify whether any notification and documentary requirements or reimbursement procedures apply in relation to the relevant leave entitlement.
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.
[View Source]
