MT
Regulations, 2011
Table of Provisions (6)
Statutory Text (6 Articles)
L.N. 503 of 2011
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
Protection of Maternity (Employment) (Amendment) (No. 2)
Regulations, 2011
IN exercise of the powers conferred by articles 10 and
48(2) of the Employment and Industrial Relations Act, the Prime
Minister has made the following regulations –
The title of these regulations is the Protection of
Maternity (Employment) (Amendment) (No. 2) Regulations, 2011
and they shall be read and construed as one with the Protection of
Maternity (Employment) Regulations, 2003, hereinafter referred to
as “the principal regulations”.
For sub-regulation (1) of regulation 6 of the principal
regulations there shall be substituted the following;
“6. (1) A pregnant employee may apply for maternity
leave for an uninterrupted period of fourteen weeks if she notifies
her employer in accordance with regulation 8 of these regulations
and this uninterrupted period shall increase to 16 weeks as from 1st
January 2012 and to 18 weeks as from 1st January 2013 onwards
Provided that employees who shall be on maternity
leave on 1st January 2012 shall be automatically entitled to enjoy
maternity leave for an uninterrupted period of 16 weeks, even
where such maternity leave commenced before 1st January 2012
Provided further that employees who shall be on
maternity leave on 1st January 2013 shall be automatically entitled
to enjoy maternity leave for an uninterrupted period of 18 weeks,
even where such maternity leave commenced before 1st January
2013.”.
For regulation 7 of the principal regulations there shall be
substituted the following;
“7. An employee on maternity leave shall be entitled
to the first 14 weeks of maternity leave with full wages but if the
employee chooses to avail herself of any additional maternity leave
beyond the 14 weeks in terms of sub-regulation 6(1) above, the
employer shall not be obliged to pay any wages for those weeks
of maternity leave which go beyond the aforementioned 14 weeks,
without prejudice to any relevant benefit in respect of any period of
maternity leave which goes beyond 14 weeks in terms of the Social
Security Act to which the employee may be entitled if she chooses
to avail herself of maternity leave beyond the paid 14 weeks.”.
Immediately after regulation 9 of the principal
regulations, there shall be added the following new regulation
Notwithstanding anything stated to the
“Overtime.
contrary in any other law, regulation, order, collective
agreement or in any contract of service, employees shall
not be obliged to work overtime
(a)
during pregnancy;
(b)
for a period of 12 months from either
the birth of his or her child or from the effective
date of the adoption of a child:-
Provided that the right granted in this
regulation shall be a non transferable right.”.
€0.18