Maternity / Adoption Leave Trust Claim (DSS)
Overview
The Maternity Leave Contribution that came into effect as of 1st July 2015 through Legal Notice 257 of 2015 (Trusts and Trustees Act Cap. 331.), is to be paid by Employers for all their employees in the private sector.
This scheme is also applicable to a person who adopts a child.
The Public Service and Public Sector Entities; Authorities, Agencies and Public Corporations are exempt from this scheme.
The rate of the Maternity Leave Contribution is 0.3% of the basic weekly wage as published in Legal Notice 258 of 2015 (Trusts and Trustees Act Cap. 331.), which is an addition to the 10th Schedule of the Social Security Act (Cap. 318.). This contribution is paid entirely by the employer and should not be deducted from the employees’ wages.
What you’ll get
Under this scheme, employers will pay the maternity/adoption leave to their employees for the first fourteen (14) weeks and then apply for a Refund from the Department of Social Security when the employee returns to work.
Application Requirements
Documentation required
General documentation:
- Social Security Contributions receipts issued by the Commissioner for Taxes and Customs, each covering the employee’s First, Second, and Third Trimesters of Pregnancy.
- Employee’s Pay Slips for wage/salary paid during Maternity Leave.
- Employee’s copy of the FS3 of the previous calendar year.
- JobsPlus List of Company Employees.
How to apply
Fill in and submit the application online.
Eligibility
General eligibility criteria:
The Maternity Leave Contribution is to be paid for all employees for whom the Class 1 Social Security Contributions are paid and for all employees (including Part-Timers) who are not eligible to pay Social Security Contributions but who are eligible for Maternity Leave according to the Employment and Industrial Relations Act ( Cap. 452.).
- The following employees are exempt from having the Maternity Leave Contribution paid in their respect:
- Employees over sixty-five (65) years of age who are exempt from paying Social Security Contributions, but are still considered to be in an employment relationship;
- Directors who are liable to pay Class 2 Social Security Contributions;
- Employees on unpaid leave for whom no Social Security Contributions are being paid;
- Casual employees for whom no Social Security Contributions are being paid;
- Expatriate employees for whom no Social Security Contributions are being paid in Malta;
- All self-occupied persons who are not entitled to Maternity Leave.
The following employees are not exempt from having the Maternity Leave Contribution paid in their respect:
- Part-Time employees who are not due to pay Social Security Contributions on such employment given that they are already paying from another full-time employment;
- Persons with Disability who are registered as disabled with the Commission for the Rights of Persons with Disability (CRPD) and who are in employment;
- Persons (mostly interns) engaged on definite six (6) monthly contracts.
Other Scenarios
Other Matters
Obligation for employee to stay in same employment for six (6) months:
- The Maternity Leave Contribution should still be paid according to the basic weekly wage for employees on half-pay;
- It should also be paid for part-timers working on irregular hours, and this is to be calculated according to the basic weekly wage.
Church Schools
Teachers working in Church Schools are not considered as public officers and therefore Maternity Leave Contribution should be paid in their respect.- Presently, the Employment and Industrial Relations Act (Cap. 452.) contains a provision (Article 36 (20) that requires employees to return to work for a six (6) month period after benefitting from maternity leave, failing which the employer will be due to a reimbursement from the employee. This provision remains valid and the employee is obliged to adhere to such regulation.