Minimum Special Leave Entitlement Regulations, 2007

L.N. 432 of 2007

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Minimum Special Leave Entitlement Regulations, 2007

IN exercise of the powers conferred by article 48 of the

Employment and Industrial Relations Act, the Minister for Education,

Youth and Employment has made the following regulations>-

(1) The title of these regulations is the Minimum Special Title and scope.

Leave Entitlement Regulations, 2007.

(2) These regulations lay down the minimum entitlements

to sick leave, birth leave, bereavement leave, marriage leave, injury

leave and leave for jury service and these shall apply to whole-time

employees.

(3) These regulations shall be applicable without prejudice

to the introduction and, or implementation of provisions in other

legislation under the Act, collective agreements or any other agreement

entered into between employers and employees, which are more

favourable to the workers.

(4) Nothing in these regulations shall be construed as

reducing any entitlement enjoyed by any employee on the date of

publication of these regulations in terms of any recognised conditions

of employment or under an existing contract of employment.

(5) These regulations shall come into force on the 1 st January

2008. (1) For the purposes of these regulations>

Definitions.

“the Act” means the Employment and Industrial Relations

Act<

“bereavement leave” means leave to be granted to the

employee without loss of wages on the occasion of the death of

the spouse, parent, son, daughter, brother or sister of the employee,

and includes a person who has, or in the past had, legal custody of

the employee, or a person who is in the legal custody of the

employee<

“birth leave” means leave without loss of wages granted to a

father on the occasion of the birth of his child<

“injury leave” means leave on full wages, less the full amount

of any injury benefit to which the employee may be entitled under

the Social Security Act, if the employee suffers personal injury

caused by accident arising out of and in the course of his

employment, or by any of the diseases specified in the first column

of the Fourth Schedule to the Social Security Act (being a disease

due to the nature of his work) not due to any contributory negligence

on his part or to any contravention of safety rules laid down by the

management<

“jury service leave” means leave to be granted without loss of

wages to an employee who is called to serve as a juror, to enable

him to attend to his duties at the Courts<

“marriage leave” means leave to be granted without loss of

wages to an employee on the occasion of his or her marriage<

“sick leave” means leave granted to the employee whenever

an employee presents a medical certificate certifying incapacity

for work.

(2) Subject to the provisions of sub-regulation (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) An employee whose entitlements are not covered by a

Wages Council Wage Regulation Order, shall on employment, be entitled

to sick leave, of at least the equivalent in hours, calculated as provided

for in regulation 3(3), of two working weeks sick leave in every calendar

year without loss of wages, less any sickness benefit to which he may

be entitled to under the Social Security Act.

(2) Unless otherwise provided in an applicable collective

agreement, an employee who has been absent from work on sick leave

shall present a medical certificate issued by a registered medical

practitioner attesting to the employee’s incapacity for work during any

such period of absence. Such medical certificate shall be presented to

the employer on the day of return to work or, if such period of absence

is longer than seven days, within seven days of the onset of sick leave

absence. The employer shall have the right, if he deems fit, to send a

medical practitioner to visit and examine an employee who is on sick

leave.

(3) The sick leave entitlement shall be calculated on the

basis provided for annual leave as specified in regulation 8(1) of the

Organisation of Working Time Regulations, 2003.

L.N. 247 of 2003.

(4) Notwithstanding sub-regulation (1) of this regulation,

when an employee is in employment for less than twelve months, the

employee shall only be entitled to sick leave as is in proportion to the

period in employment.

(1) Every employee shall on employment, be entitled to be Other leave.

granted by his employer>

(a)

one working day of bereavement leave<

(b) one working day of birth leave<

(c)

two working days marriage leave<

(d) up to one year of injury leave<

(e)

jury service leave for as long as necessary>

Provided, that these specific leave entitlements shall only

apply in the case of an employee who is not covered by an

applicable Wages Council Wage Regulation Order.

(2) An employer shall be entitled to request documentation

from an employee>

(a) showing when the events referred to in paragraphs (c)

and (e) in the previous sub-regulation are scheduled to occur<

(b) showing that the event referred to in paragraph (d) in

the previous sub-regulation has actually occurred< and

(c) on return to work, showing that the events referred to in

paragraphs (a),(b),(c) and (e) in the previous sub-regulation have

actually taken place.

(3) The entitlement to bereavement leave, birth leave and

marriage leave shall be availed of on the next working day after the

occurrence of the relevant event, unless otherwise requested by the

employee, who may request a postponement of up to two weeks after

the event in compelling circumstances linked to the same event. In such

cases the employer shall grant the employee the postponement as

requested.

Offences.

Any person who contravenes or fails to comply with any

provision of these Regulations shall be guilty of an offence against the

Act and shall, on conviction, be liable to a minimum fine (multa) of

Lm200.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.16 (€0.37)