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Paternity / Paternity-Adoption Leave Trust Claim

Overview

Paternity leave will apply to fathers as well as second parents who are in employment. Fathers or equivalent second parents shall have the right to paternity leave of ten (10) working days that is to be taken on the occasion of the birth or the adoption of the worker’s child. Such paternity leave will have to be paid in full by the employer to the employee in full as long as the employee has been employed with the claiming employer for one calendar year preceding the birth or adoption. 

Employers shall then claim a refund from the Department of Social Security for the ten (10) working days Paternity Leave period. 

In compensation, the Maternity Trust Fund Contribution that came into effect as of 1st July 2015 through Legal Notice 257 of 2015 (Trusts and Trustees Act Cap. 331.), shall be adjusted to reflect the Work-Life Balance entitlements set up by Legal Notice 201 of 2022, of 12th July 2022. 

The Public Service and Public Sector Entities, Authorities, Agencies and Public Corporations are exempt from this scheme’s contribution. However, Public Service and Public Sector employees are nonetheless entitled to paid Paternity/Adoption Leave.

What you’ll get

Under this scheme, employers will pay the ten (10) working days of paternity/adoption leave to their employees which immediately follow the birth of child and then apply via a specific online application for a Refund from the Department of Social Security when the employee returns to work. A claim for refund should be made for each individual employee to cover: 

  • The expense of gross basic wage,
  • Pro-rata statutory bonuses and allowances, and
  • The employer’s portion of employee’s Social Security Contributions. 

The refund claim is not to include any other emoluments.

Please click here for a Schedule of Benefits Rates.

Eligibility

General eligibility criteria:

For Paternity Leave there needs to be an evidenced birth or adoption by an employee who is employed with the claiming employer, for at least one (1) calendar year before child birth or adoption of a child. Multiple births are considered as one birth for the sake of Paternity Leave entitlement. 

This means that, the employee should be employed with the claiming employer for a period of one (1) calendar year before date of birth of child or adoption of a child.

Other Scenarios

  • The Maternity-Work-Life Balance 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-Work-Life Balance Leave Contribution should be paid in their respect.

Documentation required

General documentation:

  • Social Security Contributions receipts issued by the Commissioner for Revenue (CfR), covering one (1) year before date of birth of child or date of adoption of the child.
  • Pay Slips for wage/salary paid during Paternity Leave of the employee.
  • FS3 of preceding calendar year of the employee.
  • In the case of adoption, an Adoption Certificate is required.
  • JobsPlus List of the Company Employees, indicating employment commencement date at least one-year prior to birth of child or date of adoption of the child.

How to apply

Fill in and submit the application online.