Regulations, 2025

L.N. 275 of 2025

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP 452)

Minimum Special Leave Entitlement (Amendment)

Regulations, 2025

IN EXERCISE of the powers conferred by article 48(2) of the

Employment and Industrial Relations Act, the Minister responsible for

employment and industrial relations, has made the following

regulations:-

(1) The title of these regulations is the Minimum Special

Leave Entitlement (Amendment) Regulations, 2025 and these

regulations shall be read and construed as one with the Minimum

Special Leave Entitlement Regulations, hereinafter referred to as the

"principal regulations".

(2)

These regulations shall come into force on the 1st January

2026.

Sub-regulation (2) of regulation 1 of the principal

regulations shall be substituted by the following new sub-regulation

"(2) These regulations establish the minimum rights to

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

leave, leave for jury service, quarantine leave and special

parental bereavement leave, and these shall apply to all

employees, whether on a whole-time or a part-time basis

Provided that employees on a part-time basis shall have the

respective rights on a pro rata basis.".

Sub-regulation (1) of regulation 2 of the principal

regulations shall be amended as follows

(a) immediately after the definition "birth leave" there

shall be added the following new definition

"Department" shall have the same meaning as

assigned to it in the Social Security Act;";

(b) in the definition "sick leave" the words "incapacity

for work." shall be substituted by the words "incapacity for

work;" and immediately thereafter there shall be added the

following new definition

" "special parental bereavement leave" means leave

granted to the employee without loss of wages on the

occurrence of the death of a child under the age of eighteen

(18) years, without prejudice to bereavement leave.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

the principal

regulations.

(a)

sub-regulation (1) thereof shall be amended as

(i) in paragraph (f) thereof the words "other public

authority:" shall be substituted by the words "other public

authority;" and immediately thereafter there shall be added

the following new paragraph

"(g) that number of working days of special

parental bereavement leave which, when added to the

bereavement leave established by an applicable Wages

Council Wage Regulations Order, as the case may be,

or in the absence thereof, the bereavement leave

established in paragraph (a), amounts to a total of

seven (7) working days. The employer has the right to

file an application with the Department for a refund of

the payment specifically and limitedly related to those

working days of special bereavement leave, which

application shall be submitted within three (3) months

from when the special parental bereavement leave

would have been availed of by the employee

Provided that the employer shall not have the

right for a refund of the payment related to those

working days of bereavement leave established by an

applicable Wages Council Wage Regulations Order, as

the case may be, or in the absence thereof, the

bereavement leave established in paragraph (a)

Provided further that in the event that the

employer fails to submit an application with the

Department for the refund of the payment specifically

related to those days of special parental bereavement

leave within a period of three (3) months, he shall

forfeit the right to receive such refund.";

(ii) in the proviso thereof the words "Provided, that

these specific leave entitlements with the exception of

quarantine leave" shall be substituted by the words

"Provided further that these specific leave entitlements, with

the exception of quarantine leave and special parental

bereavement leave";

(b) in paragraph (c) of sub-regulation (2) thereof the

words "in paragraphs (a), (b), (c), (e) and (f)" shall be substituted

by the words "in paragraphs (a), (b), (c), (e), (f) and (g)";

(c) in sub-regulation (3) thereof the words "birth leave

and marriage leave" shall be substituted by the words "birth

leave, marriage leave and special parental bereavement leave".

€0.27