Paternity / Paternity Adoption Leave Benefit for Self-Occupied Persons

Overview

Self-occupied fathers or equivalent second parents shall have the right to paternity leave of two (2) weeks that is to be taken on the birth or the adoption of the eligible applicant’s child or children in case of multiple births.

Such paternity leave shall be paid by the Department of Social Security for the duration of two (2) weeks at the rate equivalent to the National Minimum Wage applicable as from the date of birth of the child or adoption.

Eligible applicants shall claim Paternity Leave Benefit through an online application submitted to the Department of Social Security. Applications for this benefit will be considered retroactively from January 2025.

What you’ll get

The Paternity Leave Benefit is paid for a maximum period of two (2) weeks.

In case of multiple births, the Paternity Leave Benefit is still paid once.

Eligibility

General eligibility criteria:

Claiming parent must be a self-occupied person for a continuous period at least six (6) months immediately before birth or official adoption of child.
In case of same-sex parents, Paternity Leave Benefit cannot be paid to a parent who was paid Maternity Benefit for the same child.
Claim must be submitted not later than six (6) months from date of birth or adoption of the child and not before date of birth or adoption of the child on whom the benefit is claimed.
There should be evidence of twenty (20) Class 2 – self-occupied contributions paid in the last two (2) calendar years, up to the date of birth or adoption of the child on whom the benefit is claimed.
The child on whom the claim is made should be born or adopted on or after 1^st January 2025.
There should be evidence of certification of birth or adoption of child on whom the benefit is claimed.
Multiple births are considered as one birth on the sake of Paternity / Paternity-Adoption Leave Benefit for self-occupied persons.

Other scenarios

Paternity Leave Benefit may also be paid to part-time self-occupied eligible parents, if the part-time self-occupation is not simultaneous with a full-time employment or self-occupation.

Documentation Required

General documentation:

Applicants have to provide a copy of the official receipts of at least twenty (20) Class 2 Social Security Contributions paid in the last two (2) calendar years falling immediately before the date of birth of child on whom the benefit is claimed.
Applicants who are third country nationals (TCN) and/or European Social Charter and/or refugees, who are ordinary residents in Malta, must provide a copy of a valid Residence Permit.
If the birth of the child is not registered with the Public Registry of Malta or if the child is born abroad, an official foreign birth certificate of the child is to be provided together with a verified translation in English of the same certificate.
In the case of adoption, a copy of the Adoption Certificate is to be submitted.
In case of an applicant who is a TCN married to European Union citizen, the applicant must provide a copy of the official marriage certificate.
In case of a TCN who is cohabitating with a Maltese or a European Union citizen, the applicant must provide a Maltese recognised cohabitation certification. Otherwise, they are not eligible to the Paternity Leave Benefit. In case of a cohabitating Maltese or European Union Nationals working in Malta, the Cohabitation certificate is not required.