225 tal-2003 - Regolamenti tal-2003 dwar Dritt ta’ Leave tal-Ġenituri

L.N. 225 of 2003

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT, 2002

(ACT NO. XXII OF 2002)

Parental Leave (Entitlement) Regulations, 2003

IN virtue of the powers conferred by article 10 of the Employment

and Industrial Relations Act, 2002, the Deputy Prime Minister and

Minister for Social Policy has made the following regulations> -

(1) The title of these regulations is the Parental Leave

(Entitlement) Regulations, 2003.

(2) These regulations lay down minimum requirements

designed to facilitate the reconciliation of parental and professional

responsibilities for working parents.

(1) In these regulations> -

“Act” means the Employment and Industrial Relations Act,

2002<

“pro rata” shall have the meaning assigned to it by article 2

of the Act>

Provided that>

(a) when the employee is in part-time employment on

a variable time schedule, the number of hours of work per

week shall be the average number of hours of work per week

spread over successive thirteen week periods commencing

on the first of January of each calendar year< and

(b) when the employee has not been in part-time

employment for a period of thirteen weeks the average number

of hours of work per week shall be calculated over the number

of weeks in employment.

(2) Subject to the provisions of subregulation (1) of this

regulation, terms and expressions used in these regulations shall, unless the

context otherwise requires, have the meaning assigned to them in the Act.

(1)

These regulations shall apply to employees who are

(a)

whole-time employees,

(b) part-time employees entitled to pro rata leave in terms

of the provisions of regulation 6 of the Part-Time Employees

Regulations, 2002>

Provided that in either case, the employee has been in the

employment of the same employer for a continuous period of at

least twelve months.

(2) The minimum periods of entitlement mentioned in the

preceding paragraphs of this regulation shall be applicable unless a

shorter period of entitlement has been established in the contract of

service of the employee or in a collective agreement applicable to the

employee.

(3) These regulations shall be applicable without prejudice

to the introduction and implementation of more favourable provisions

in collective agreements or other agreements entered into between the

employer and the employee.

PARENTAL LEAVE

(1) It shall be the individual right of both male and female Parental leave.

workers to be granted unpaid parental leave on the grounds of birth,

adoption or legal custody of a child to enable them to take care of that

child for a period of three months until the child has attained the age of

eight years>

Provided that this right shall be granted on a non-transferable

basis>

Provided further that parental leave shall be availed of in

established periods of one month each.

(2) Unless otherwise prescribed in a collective agreement

applicable to the employee, the employer together with the employee

may decide whether to grant the parental leave on a full-time or a part-

time basis, in a piecemeal way or in the form of a time credit system.

(3) In the event that the parental leave was not availed of

or there is still an existing balance of parental leave, an employee shall

remain entitled to such leave even if there is a change in the employer

or in the employment of the employee, as long as the employee qualifies

in accordance with regulation 3 of these regulations.

Entitlement to parental leave by employees, shall commence

from the date when the employee provides the employer with>-

(a) evidence that the legal proceedings necessary for the

adoption to be completed in accordance with the law have been

initiated, and

(b) (i) a written certificate from the Department of Family

Welfare certifying that a positive home study report has been

completed< or

(ii) certified evidence that the couple have legal custody

of the child.

(1) An employee applying for parental leave from the

employer shall be bound to give a minimum of three weeks notice in

writing, specifying the beginning and the end of the parental leave,

prior to taking such leave.

(2) An employee shall have the right to request parental

leave during the period specified in articles 36 (20) of the Act>

Provided that when parental leave is granted during the period

specified in this subregulation, said period shall be considered to have

been automatically suspended on the commencement of, and during

the parental leave, and shall only resume when the employee returns to

work from the parental leave.

(1) An employer who receives notice for parental leave as

prescribed in regulation 6, may postpone the granting of parental leave

for justifiable reasons related to the operation of the place of work.

(2) For the purposes of this regulation, the term ‘justifiable

reasons’ includes>

(a) where the work carried out at the place of business is of

a seasonal nature<

(b) where a replacement cannot be found within the notice

period given by the employee<

(c) where the specific employment of the employee who

requests parental leave is of strategic importance to the undertaking

or place of business<

(d) where the place of business is a small enterprise

employing not more than ten people<

(e) where a significant proportion of the workforce applies

for parental leave at the same time<

(f) where the employee is still undergoing the period

specified in Articles 36 (20) of the Act>

Provided that an employer who decides to postpone the

granting of parental leave shall inform the employee in writing

of the reasons for the postponement within two weeks of

receipt of the employee’s notice in cases provided for in

regulation 6 (1)>

Provided further that the postponement by the employer

of the taking of parental leave is without prejudice to the

employee’s right to take the parental leave entitlement at the

latest before the child reaches eight years of age and if such

postponement may result in the loss of the parental leave

entitlement or part thereof, it shall be the duty of the employer

to immediately grant parental leave for a period equivalent to

the leave still unavailed of, or for such other lesser period as

may be requested by the employee.

The employee who exercises the right to make use of parental Right to return to

same job.

leave shall be entitled to return to the same job that the employee

occupied prior to the granting of parental leave, or, where this is no

longer possible for any valid reason, to an equivalent or similar job

consistent with the original contract of employment of the employee.

(1) The employee who is on parental leave shall, during the Entitlement of

period of parental leave, be still entitled to all rights and benefits which employees

parental leave.

may accrue to other employees of the same class or category of

employment at that same place of work>

Provided that during the period of parental leave, the employee

shall still have the right to apply for promotion opportunities arising

within the place of work.

(2) During the period of parental leave, an employee shall

not, upon the resumption of duties at the workplace, be entitled to any

other leave, bonuses or allowances and shall not avail himself of such

entitlement which might have accrued during such period.

(3) Unless the employer and the employee agree otherwise,

the employer shall not, during the period of parental leave, have the

right to suspend the parental leave and to request the employee to return

to work before the agreed date of resumption of duties, and the employee

shall have no right to return to work prior to the agreed date of resumption

of duties.

It shall not be lawful for the employer to dismiss an employee

solely because an employee takes or applies to take parental leave in

accordance with these regulations, and any such dismissal shall not

constitute a valid reason for termination of employment, without

prejudice to any justified termination of employment as prescribed by

the Act>

Provided that notice of termination of employment, as

provided for in the Act may be given during the period of parental

leave>

Provided further that, in the case of issuing a notice of

termination by either the employer or the employee during the

parental leave, this shall result in the automatic suspension of the

parental leave from the third working day following the date of

issue of such notice.

Every employer shall be bound to keep a record of the

parental leave granted to every employee and shall, on the demand of

parental leave taken.

the employee which may be made even after termination of employment,

deliver to the employee a written statement of the details of the leave

granted to the employee.

MISCELLANEOUS

Should a dispute arise between an employer and an employee

regarding the entitlements covered by these regulations or any related

matter, then either the employer or the employee may refer the matter

to the Director of Employment and Industrial Relations who shall

mediate between the parties.

Any person contravening the provisions of these

regulations shall be guilty of an offence and shall be liable, on conviction,

to a fine of not less than fifty liri and not more than five hundred liri.

The Parental Leave (Entitlement) Regulations, 2002 are

hereby repealed.