An employee is guaranteed a number of rights when entering into an employment relationship. In fact, when a contract of employment is drafted the theory of the autonomy of the will is limited insofar as the employee and the employer cannot come to an agreement which is contrary to the minimum rights granted to the employee by law. However, the law does provide the possibility for the employee and the employer to enter into an employment agreement wherein the employee is granted more rights than the minimum established by law.
With regards to the minimum special leave entitlements which an employee is lawfully able to take during the course of his/her employment these include sick leave, birth leave, bereavement leave, marriage leave, injury leave, leave for jury service and quarantine leave.
Sick Leave
An employee is entitled to 2 working weeks of sick leave every calendar year which is calculated in hours depending on the number of hours the employee works. This is the general rule however there are categories of work whereby the minimum amount of sick leave which the employee is entitled to is regulated by the Wage Regulation Orders.
An employee must present on the day of return to work a medical certificate certifying incapacity to report to work. When the sick leave availed of is more than 7 days then a medical certificate has to be given on the seventh day from when the sick leave began.
The employer can send over a medical practitioner to visit and examine an employee who is on sick leave.
Bereavement Leave
This form of leave is 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.
An employee has one (1) working day of bereavement leave.
Birth Leave
This form of leave is granted to a father on the occasion of the birth of his child. There shall be no loss of wages. The employee has one (1) working day of birth leave.
Marriage Leave
On the occasion of an employee’s marriage, the employee is granted two (2) days of marriage leave without the loss of wages.
Injury Leave
Injury leave can be granted to the employee up to one (1) year of leave without the loss of wages.
It is possible for the full wage to be deducted in the instance that the full amount of any injury benefit to which the employee is entitled to under the Social Security Act, Chapter 318 of the Laws of Malta. If the employee suffers personal injury caused by an 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 part or to any contravention of safety rules laid down by the management.
Jury Service Leave
When an employee is called to serve as a juror, then such employee shall be granted jury leave without the loss of wages. The duration of the leave shall last for as long as the jury service of that employee is required.
