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What is your Sick Leave entitlement? What benefits are available for sick employees under Maltese Law? Find out what Maltese legislation says about this thanks to Avv. Diane Dimech’s insights below. You can also speak to us immediately for any related requests on infomalta@kyprianou.com
In General: Sick Leave under Maltese Law
Sick Leave in Malta
On a general scale, the Minimum Special Leave Entitlement Regulations (Subsidiary Legislation 452.101) - specifically, under Article 3 - offer two working weeks of sick leave for full-time employees on full pay for each calendar year, in the instance that an employee is mildly unwell for a short period of time. On the other hand, the same provision states that part-time employees will receive such sick leave on a pro-rata basis.
Unless an applicable collective agreement states otherwise, an employee who is not present at work on sick leave must provide the blue medical certificate. It shall be issued by a registered medical practitioner who can confirm the employee’s incapacity to work. In the case that the period of illness is three working days or less, however, employees are not required to submit a medical certificate to the Department of Social Security.
Since the latter is a fairly general concept, it sometimes varies in accordance with the employee’s possible Wage Regulation Order; certain industries have such regulations implemented, whilst others do not. Therefore, it is highly recommended that every employer ensures - prior to applying the standard two-week sick leave period - that no Wage Regulation Order has been implemented specifically for the employee’s work industry.
What happens when an employee becomes severely unwell, physically or mentally, and is unable to work?
The Social Security Act (Chapter 318 of the Laws of Malta) provides benefits which could aid both the employee as well as the employer. One can mainly identify the Sickness Benefit, Increased Sickness Benefit as well as the Invalidity Pension, amongst others.
Sickness Benefits
Sick Leave in Malta
As defined under Article 18(1) of the Social Security Act, Sickness Benefit applies to an insured individual who has not yet reached the age of retirement. Simultaneously, the individual must have satisfied the contribution conditions.
The conditions are the following: the claimant is obliged to have paid a minimum of fifty (50) Class 1 and/or Class 2 Social Security Contributions from whence registration was made under the Social Security Act, until the date of the benefit claim. By the same token, the individual must also have twenty (20) paid or credited Class 1 or 2 Social Security contributions within the last two consecutive calendar years before the year in which the Sickness Benefit claim was made.
Sickness Benefit is granted in accordance with the number of days which one works on a weekly basis: this would either be a five or six day week, which does not include Sundays or any public holidays. It is indispensable to mention that within any period of uninterrupted incapacity for employment, the Sickness Benefit can solely be paid for six consequent days. Save for certain exceptions, such a benefit shall not be paid for the initial three days of every spell of incapacity for work. Yet, this does not apply in the case that one is capable of proving that they are receiving treatment at Sir Anthony Mamo Oncology Centre, amongst others.
The number of days of Sickness Benefit which one is generally allowed to take shall not go over one hundred and fifty-six (156) days, save for certain exceptions. The daily rates applicable for 2024 in this case are such:
For an individual to be considered eligible for the Sickness Benefit, one shall either be:
Increased Sickness Benefits
Sick Leave in Malta
A recent Parliamentary Bill, known as Bill Nru 72 - aiming to implement budgetary measures for the financial year of 2024 - has stipulated that with effect from the 1st of January 2024, an employee making the claim for the Increased Sickness Benefit must have:
Furthermore, the payment of Sickness Benefit shall be approved by the Director for any other number of days - yet, once again, not going over one hundred and fifty six (156) days.
The amount of days payable through the Sickness Benefit, within any period of two years, must not go over four hundred and sixty eight (468) days. In this instance, after the initial one hundred and fifty six (156) days are taken, the employee is also entitled to the Increased Sickness Benefit, the latter of which shall start applying in an automatic manner. The rate at which this shall be granted is of equivalence to the National Minimum Invalidity Pension (further details below).
In summary, the full daily rates of 2024 for Increased Sickness Benefits are applicable as stated below:
The Increased Sickness Benefit shall keep on being paid until either of these particular events take place:
Invalidity Pension
Sick Leave in Malta
This form of benefit is awarded to any individual who is confirmed to be incapable of working on a full-time, part-time or self-employed basis. This is usually consequent to a severe disease, or physical and/or psychological impairment.
Prior to the submission of a claim for the Invalidity Pension, the applicant must bear a minimum of two hundred and fifty (250) paid social security contributions, as well as an average of 50 contributions annually as either an employee or a self-employed individual. In the case that the average amount of contribution yearly is between twenty (20) and forty-nine (49), a reduced rate of pension is applicable.
The rates applicable are the following:
Conclusion
Both employers and employees need to be aware of the current laws set in place on sickness benefits. MK Malta Law Firm offers companies and individuals alike reviews and drafting of employment contracts (and other services) to check whether they are up to par with current regulation. For more information about sick leave in Malta and Minimum Special Leave Entitlement Regulations, contact us: infomalta@kyprianou.com
