Malta’s New Sick Leave Law: Protection from Day One

Imagine waking up with a fever, your head pounding, and the dread of knowing you have to call in sick. But what if you’re new to your job, still in your probation period? In Malta, until recently, you’d be out of luck. Not anymore.

In a significant shift, Malta’s Employment and Industrial Relations Act has been amended. Now, all workers, regardless of their employment duration, are entitled to sick leave from day one. This means no more waiting periods, no more choosing between earning a living and recovering from illness.

Before this amendment, workers had to wait until they had been employed for at least four weeks before they could take sick leave. This often left new employees in a difficult position, especially those in lower-paid jobs who couldn’t afford to lose a day’s pay.

The new law, which came into effect on 1st January 2023, aligns Malta with many other EU countries. It’s a step towards ensuring that all workers have the same rights and protections, regardless of how long they’ve been in their job.

Under the new law, if you’re too ill to work, you can take sick leave from your first day of employment. Your employer must pay you for the time you’re off, at your normal rate of pay. If you’re on a fixed-term contract, your sick leave entitlement will be proportionate to the length of your contract.

To claim sick leave, you’ll need to provide a medical certificate. Your employer can ask for a second opinion if they think the certificate is invalid, but they must bear the cost of the second opinion.

For employers, this means ensuring they have systems in place to manage sick leave, and possibly reviewing their workforce planning to accommodate potential absences. It’s a change that will affect everyone, but it’s one that’s designed to protect workers and ensure they’re not penalized for getting sick.

Malta’s new sick leave law is a step forward in protecting workers’ rights. It’s a recognition that everyone gets sick, and no one should have to choose between their health and their job. It’s also a sign that Malta is committed to improving workers’ rights and aligning with EU standards.

For workers, it’s a reassurance that they’re protected, even in the early days of their employment. It’s a small but significant change that could make a big difference to those who need it most.

As Malta continues to of the modern workplace, it’s clear that protecting workers’ rights is a priority. This new law is just one example of how Malta is working to ensure that everyone has the support they need to thrive in the workplace.

As one local worker told us, “This change means I can finally breathe easy. I know I can take care of my health without worrying about my job.”