Pregnancy, maternity, and leave related to work-life balance for workers (Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and 2019/1158)

AuthorRomina Bartolo
Pages25-37
25
5Pregnancy, maternity, and leave related to work-life balance for workers
(Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and
2019/1158)24
5.1General (legal) context
5.1.1Surveys and reports on the practical difficulties linked to work-life balance
There are no reported surveys and reports published.
5.1.2Other issues
Statistics on the take-up of family-friendly measures show that women are the ones who
access such measures, whereas very few men do.25
5.1.3Overview of national acts on work-life balance issues
The national acts on work-life balance include the Employment and Industrial Relations
Act (Chapter 452 of the Laws of Malta), Parental Leave Entitlement Regulations, Urgent
Family Leave Regulations, Equal Treatment in Employment Regulations, Minimum Special
Leave Entitlement Regulations, Extension to Applicability to Service with Government
(Equal Treatment in Employment Regulations Parental Leave Entitlement Regulations and
Urgent Leave Regulations) Regulations, Equality for Men and Women Act (Chapter 456 of
the Laws of Malta), Protection of Maternity at Workplaces Regulations.
5.1.4Political and societal debate and pending legislative proposals
There are no additional issues to report.
5.2Pregnancy and maternity protection
5.2.1Definition in national law
Regulation 2 of the Protection of Maternity (Employment) Regulations provides the
definitions below.
A ‘breastfeeding employee’ means an employee who is breastfeeding during a period of
up to twenty-six weeks after her date of confinement and who has informed her employer
of her condition by means of a certificate issued by a registered medical practitioner or
midwife.
An ‘employee who has recently given birth’ means ‘an employee who has formally informed
her employer of her condition by means of a certificate issued by a registered medical
practitioner or midwife, and whose date of confinement was:
a)not more than fourteen weeks before in the case of a stillborn child, and
b)not more than twenty-six weeks before in the case of a live birth.
24 See Masselot, A. (2018)Family leave: enforcement of the protection against dismissal and unfavourable
treatment, European network of legal experts in gender equality and non-discrimination, available at
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, A. (2015) Measures to address the
challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway European
network of legal experts in gender equality and non-discrimination, available at
https://www.equalitylaw.eu/downloads/3631-reconciliation.
25
https://ncpe.gov.mt/en/Documents/Projects_and_Specific_Initiatives/Equality%20Beyond%20Gender%20
Roles/Power-point%20Presentation%20-%20JosAnn%20Cutajar.pdf.

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