New Leave Entitlement for employees undergoing medically assisted procreation


9 August 2017 - The Leave for Medically Assisted Procreation National Standard Order (S.L. 452.114) came into force on the 30th of May 2017, bringing into effect the minimum support measures which are to be provided to employees going through a medically assisted procreation process.

This new leave is granted to any “prospective parents”, being “two persons” whether “united in marriage, civil union, cohabitation, or have attained the age of majority and are in a stable relationship with each other”.

This Regulation provides for an entitlement of one hundred (100) hours of leave on full pay - to be shared between the two prospective parents who would be undergoing this process - whether in Malta or elsewhere, and which shall be compensated by the employer.

The Regulation stipulates that the entitlement to one hundred hours of full paid leave, shall be granted for each and every process of medically assisted procreation, up to a maximum of three processes. If only one prospective parent is employed throughout the process of medically assisted procreation, then the prospective parent who is receiving treatment shall be entitled to sixty (60) hours of leave, while the other prospective parent who is not receiving treatment, shall be entitled to forty (40) hours of leave.

The said leave is to be enjoyed concurrently by both prospective parents, if during the process of medically assisted procreation both the prospective parents are in employment, whether with the same employer or otherwise.

Employees requesting leave for this treatment must notify the employer - in writing - of the days when said leave will be availed of, at least two (2) weeks before making use of the entitlement. Furthermore, the employee is to provide proof of whether s/he is the receiving or non-receiving person and for this purpose a certificate written by a medical practitioner in charge of the procedure must be submitted.

Any individual  contravening the provisions of this regulation will be liable to a fine (multa) of not less than five hundred Euros (€500).

For any queries about this matter or any other employment related issue, please contact Gonzi & Associates on This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it. .

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