The Maltese government has recently introduced several important legislative updates affecting both employers and employees. These changes focus on employee rights, workplace equality, leave entitlements, and employer responsibilities, with the aim of creating more consistent and modern workplace standards across all sectors.

Employers are encouraged to review their internal policies and procedures to ensure compliance with the latest legal requirements.

Sick Leave Updates

One of the most significant changes relates to sick leave entitlements.

Previously, entitlement conditions varied depending on the applicable Wage Regulation Order (WRO), with some sectors requiring employees to complete a probationary or qualifying period before becoming eligible for paid sick leave.

Under the new regulations:

• All employees are now entitled to sick leave from their very first day of employment.
• This removes previous waiting periods that, in some sectors, extended up to one year.

This update ensures a more uniform and equitable approach to employee rights across all industries.

Bereavement Leave Standardised

Bereavement leave has also been standardised across all sectors.

Employees are now entitled to:

• A minimum of three (3) working days of bereavement leave following the death of a close family member.

This change replaces the previous inconsistencies between different WROs and employment sectors.

Marriage Leave Updates

Marriage leave entitlements have likewise been standardised.

All employees are now entitled to:

• Three (3) working days of marriage leave.

The reform ensures equal treatment for employees regardless of the sector in which they are employed.

Introduction of Surrogacy Leave

As of April 2026, Malta has introduced a new legal entitlement for employees who become parents through surrogacy arrangements abroad. This measure grants 18 weeks of paid, job-protected leave.

Key details include:

• Eligibility applies to employees recognised as legal parents on a foreign birth certificate registered in Malta.
• The entitlement covers full-time, part-time, fixed-term, and indefinite employees.
• The first 14 weeks are fully paid by the employer.
• If both parents are employed, the leave may be divided between them by agreement.
• Employees must provide four weeks’ written notice to their employer.

This legislation specifically addresses surrogacy arrangements and same-sex parenting situations involving births registered abroad and later recognised in Malta.

Stronger Workplace Harassment Laws

Malta has also implemented major reforms to workplace harassment legislation following the adoption of the ILO Violence and Harassment Convention (No. 190).

The updated legislation introduces broader protections and stronger employer obligations.

Main changes include:

Expanded Definitions

A new legal definition now recognises violence and harassment as any unwanted behaviour causing:

• Physical harm
• Psychological harm
• Sexual harm
• Economic harm

Wider Scope of Protection

Protection now extends beyond traditional employees to also include:

• Interns
• Trainees
• Volunteers
• Job applicants
• Former employees

Expanded Definition of Workplace

The concept of the “workplace” now includes:

• Work-related travel
• Training sessions
• Break rooms
• Commuting situations
• Social and work-related events

Criminal Penalties

The amendments introduce criminal sanctions for workplace harassment and bullying.

Penalties may include:

• Imprisonment between six months and two years
• Fines ranging from €5,000 to €10,000
• Or both

Employer Responsibility

Employers now have a positive legal obligation to actively prevent violence and harassment within the workplace.

Given the scope of these legislative changes, employers should review and update:

• Employee handbooks
• Internal HR manuals
• Codes of conduct
• Harassment and reporting procedures
• Leave policies
• Workplace compliance processes

Ensuring policies are aligned with the latest legal framework is essential to reduce risk and maintain a compliant and healthy workplace environment.

How Business Doctors Can Help

At Business Doctors, we help businesses stay ahead of regulatory changes and ensure full HR and employment law compliance.  Book a free Business Health Check today by calling 79903685 or send us an email on hr.support@businessdoctors.com.mt

Whether you need support reviewing policies, updating procedures, or implementing workplace compliance measures, our team is here to guide you every step of the way.