A.L. 102 of 2026 inserts Regulation 5A into the Work-Life Balance for Parents and Carers Regulations, extending parental leave to workers recognised as parents of children born outside Malta. Applies to full-time and part-time workers on indefinite or fixed-term contracts who are recognised as a parent on a foreign birth certificate subsequently registered in Malta under Article 244 of the Civil Code — covering surrogacy arrangements and same-sex parenting abroad where no person listed on the birth certificate actually gave birth. Does not apply to adoption cases. Entitlement: 18 uninterrupted weeks starting from the birth date or up to 2 weeks before the expected birth date. First 14 weeks: full pay by employer. Weeks 15–18: employer not obligated to pay (Social Security benefits may apply under Ch. 318). Where both parents are employed, leave is split by written agreement; without agreement each parent gets 9 weeks. Notification: written notice to employer at least 4 weeks before expected birth, including an apostilled document from a clinic or health authority confirming involvement in the pregnancy as eventual parent. Within 2 calendar months of returning to work, the worker must provide an authenticated copy of the birth certificate registered in Malta; failure to do so obliges repayment of all basic wages received during leave. Job protection: employer cannot dismiss the worker from the date of notification through the end of leave — dismissal for taking or intending to take this leave constitutes unfair dismissal. No obligation to work overtime for 12 months from the birth date. Probation period is suspended during leave and resumes on return. Right to return to the same or an analogous position. Fixed-term workers have the same rights during the contract period. Using this leave extinguishes any entitlement to paternity leave. Enters into force 2 months after publication (21 April 2026).

Parental Leave — Children Born Abroad (A.L. 102 of 2026)