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Sick Leave, Overtime and Work Rights

Medical leave, overtime pay, rest breaks, your entitlements

Many workers in Malta do not know their full entitlements. This guide covers sick leave, overtime, rest periods, part-time rights and what to do if your em

1. Sick leave entitlements — know what you are owed

   Under Maltese law, full-time employees are entitled to a minimum of 2 weeks (10 working days) paid sick leave per year. Your employer may offer more — check your contract. For sick leave of more than 2 consecutive days, your employer can require a medical certificate from a registered doctor. You cannot be dismissed for being genuinely sick, but chronic absenteeism over a long period may eventually be grounds for dismissal with proper procedure.

2. Overtime — your rights to extra pay

   Overtime is generally payable at a higher rate than normal pay. The standard rate is time-and-a-half (150%) for hours beyond normal working time, though collective agreements or your contract may specify different rates. Your employer cannot simply require you to work overtime without additional pay unless your contract explicitly provides for built-in overtime as part of your salary. Check your contract carefully.

3. Maximum working hours — 48 hours per week average

   Under the Working Time Regulations (S.L. 452.87), you cannot be required to work more than 48 hours per week on average, calculated over a reference period (usually 17 weeks). You must have: a minimum 11 consecutive hours rest in each 24-hour period; a minimum 24-hour rest in each 7-day period (or 48 hours in each 14-day period); rest breaks during shifts over 6 hours.

4. Annual leave — 2026 entitlement

   In 2026, the total annual leave entitlement for full-time employees is 216 hours (27 working days), including 14 public holidays. If a public holiday falls on a weekend, you get an extra day off in lieu. Part-time workers receive a proportional entitlement. Annual leave cannot be replaced by payment in lieu except on termination of employment.

5. Maternity and parental leave entitlements

   Maternity leave: 18 weeks total, fully paid (14 weeks paid by government, 4 weeks by employer). Cannot be dismissed during pregnancy or maternity leave. Parental leave: 4 months per parent per child up to age 8, unpaid unless your employer offers more. From January 2026: miscarriage leave — 7 working days for both parents for pregnancy loss before 22 weeks.

6. If your employer is not paying or complying — contact DIER

   If your employer is not paying proper wages, overtime or leave entitlements, file a complaint with the Department of Industrial and Employment Relations (DIER) at dier.gov.mt or call 2599 8000. DIER investigates and can order employers to pay what is owed. This service is free. You can also file at the Industrial Tribunal for wage claims within 2 years of the underpayment.

7. Protection against retaliation

   It is illegal for your employer to dismiss you, demote you or treat you badly because you complained about your employment rights. This is victimisation and is itself a breach of the EIRA. If you face retaliation, report it to DIER and keep a record of all adverse treatment after your complaint. You may also have a claim for unfair dismissal if you are dismissed as a result.