Work‑Life Balance Regulations: New Surrogacy Leave Entitlement 

Maltese employers are required to revise HR documentation in accordance with recent changes to the Work‑Life Balance for Parents and Carers (Amendment) Regulations. The latest amendments establish a new entitlement for parents of children born abroad, effective from 21st June 2026.

Employers should ensure familiarity with compliance obligations, notification processes, and the criteria necessary to administer these updated entitlements.

Under the new amendment, qualifying employees are entitled to up to 18 weeks of uninterrupted leave if they are officially recognised as a parent on the act of birth of a child born outside Malta, provided that the act of birth is later registered in Malta.

The timing of the leave is flexible as employees may choose to start the leave from the date of birth or up to two weeks before the expected date of birth.

This new entitlement applies to:

• both full‑time and part‑time employees
• whether on fixed‑term or indefinite contracts
• when a child is born abroad, and the act of birth is later registered in Malta; and

whether the birth certificate recognises one or two parents,

BUT neither of the recognised parents gave birth (which is understood to occur when employees in Malta become parents through surrogacy abroad), and

• this right does not apply in cases of adoption.

This combination makes it clear that the amendment is designed to address a specific gap rather than create an alternative parental leave regime.

The entitlement is split into paid and unpaid phases:

• The first 14 weeks of leave must be paid in full by the employer.
• Any additional leave taken (up to the full 18‑week entitlement) is unpaid, though the employee may still qualify for social security benefits for the unpaid portion, where applicable.

• Employees who take this leave will not be entitled to paternity leave.

• If an employee is on any other leave, this new leave for recognised parents shall be postponed until the expiry of such other leave.

• This leave does not apply in cases of adoption (which is regulated separately).

Where more than one parent is recognised on the birth certificate, the regulations introduce flexibility, as follows:

• If only one parent is employed, that parent enjoys the full leave entitlement.
• Where both parents are employed (whether with the same or different employers), they may divide the leave between them by written agreement.
• If no agreement is reached, the law steps in: each parent is automatically entitled to 9 weeks.
• Where a worker intends to avail himself of this new leave during his probationary period, such probationary period shall be suspended from the day of commencement of the leave and shall resume when the worker returns to work.
• Upon the termination of such leave for recognised parents of children born outside Malta, the employee will be entitled to resume work in the post he occupied at the commencement of the leave or, where that post is no longer available, in an analogous post.

Employees intending to make use of this leave must give their employer written notice at least four weeks before the expected date of birth, where this is reasonably practicable. That notification must be supported by official documentation confirming the employee’s involvement as an eventual parent.

The obligations do not end there. Within two months of returning to work, the employee must submit an authenticated copy of the Maltese‑registered act of birth recognising them as a parent.

If the required documentation is not provided, or if the employee fails to return to work or abandons employment without good and sufficient cause within two months of returning, the employer may require repayment of the basic wages paid during the leave.

In the case of a fixed-term contract, if the employer chooses not to to extend the contract beyond its original period for a period sufficient to allow the employee to return to work or provide documentation, the employee will not be obliged to repay wages received during the leave.

While on leave, employees remain fully employed and remain entitled to employment rights and benefits which accrue to other workers of the same class or category of employment at the same place of work.

The Regulations also highlight that this includes eligibility for promotion, however, expressly excludes entitlement to any bonus or allowance related to performance or production.

Employees who take such leave are protected from dismissal, also during their probationary period. Dismissals linked to taking, or intending to take, this leave will be deemed unfair from the outset, unless the employer can prove good and sufficient cause. Even then, the employer must go further than usual, providing the reasons for dismissal in writing and forwarding them to the Director General for Employment and Industrial Relations.

Did you know? For a full twelve months following the birth, employees who fall within this regime cannot be required to work overtime. It’s a rare and deliberate intervention, designed to give families additional breathing space during an already demanding period of adjustment, one which is being recognised more effectively within the legal sphere.

Is your organisation prepared to deal with this new entitlement? Do you need assistance with reviewing current policies, or do you need practical advice on how to handle complex requests? Get in touch with our team – Employment360, is powered by the employment law practice at Fenech & Fenech Advocates.