Family Responsibilities
Paternity Leave
New fathers are granted a fully paid paternity leave of ten days on the birth of a child or immediately after adopting a child. This is referred to as "birth leave" in the law. The specific leave entitlements however may vary depending on the applicable Wages Council Wage Regulation Order.
In the public sector, the paternity leave duration is 5 working days after live and still birth.
Sources: §4 of the Minimum Special Leave Entitlement Regulations (S.L.452.101); Work-Life Balance for Parents and Carers Regulations, 2022
Parental Leave
As per the Work-Life Balance for Parents and Carers Regulations, 2022, each parent is entitled to four months of parental leave, two of which are compensated (at the same rate provided for sickness benefit entitlement under the Social Security Act). Two months of parental leave cannot be transferred and it must be taken in chunks of at least two weeks. Alternatively, the employer and the employee may strike an agreement stating differently. Parents are eligible for this benefit if they have worked for the same company for a continuous period of at least twelve (12) months. When an employee changes employers or jobs and has an existing balance of parental leave, the leave balance is transferred. During the leave, payment is granted for two months at the same rate as the sickness benefit under the Social Security Act. The payment is distributed as follows: 50% if the child is under four years old, 25% if the child is between four and six years old, and another 25% if the child is between six and eight years old.
Sources: §3, 4, 8 & 9 of the Parental Leave Entitlement Regulations (S.L.452.78); §6 The Work-Life Balance for Parents and Carers Regulations, 2022)
Flexible Work Option for Parents / Work-Life Balance
There is no provision in the law requiring employers to provide flexible work options for parents. A collective agreement or an employment contract may have such provisions.
Workers and carers of children up to eight years old can request flexible working arrangements for caregiving purposes, with limitations on duration. If arrangements are time-limited, workers have the right to request an early return to their original schedule due to justified changes. Employers must consider and respond to such requests within two weeks, providing reasons for any refusal or postponement. Flexible working arrangements encompass options like remote work, reduced hours, and flexitime.
However, carers’ leave has been established, granting five days of unpaid leave to employees who have relatives or persons residing with them who need care, support, and “serious” medical attention. Furthermore, the Legal Notice has developed a new concept to enhance working conditions for both parents and carers. Employees can now seek flexible working circumstances (until the child is eight years old in the case of parents). These include, but are not limited to, remote working, flexitime, and shorter work hours (which, however, may be limited in duration).
Sources: §10 of the Work-Life Balance for Parents and Carers Regulations, 2022
Regulations on Family Responsibilities
- Minimum Special Leave Entitlement Regulations (S.L.452.101)
- Parental Leave Entitlement Regulations (S.L.452.78)
