Maternity Benefits Malta

In this article I’ll do my best to give you accurate information about our rights as pregnant women and mums with newborns in Malta. The info is valid for 2013, it is to be used as general guidelines but I would recommend to always double check it with the relevant department and/or your employer. You might be entitled to some other extra benefits that I am not aware of.

Mums’ work categories and their rights
1) An employed pregnant woman has the right for 14 weeks paid maternity leave (paid by the employer) plus a Maternity Leave Benefit from the government (a payment covering a period of 4 weeks with 160 Euro payment per week).

The new mum also has the right to extend her maternity leave for up to 18 weeks but she won’t get paid for these extra 4 weeks of leave. She is obliged to go back at work right after. In particular as seen at csb-advocates.com:

“A woman has the right to return to the same position, same role and the same wage after maternity leave or when this is no longer possible for a valid reason, to equivalent or similar work which is consistent with her original contract of employment.

The EIRA states that where the mother does not resume work after the birth of her child or, having resumed work, terminates her employment without good and sufficient cause within 6 months of the resumption of work she shall be liable to refund the wages received during the maternity leave availed of.”

According to this link: A woman who opts to avail herself of Maternity Leave shall not be entitled to any Maternity Benefit. Thus a claimant must either be unemployed or else if still in employment, claimant must not have availed herself of Maternity Leave.

Click here for extra information related to the current law.

2) A self-employed woman has the right to receive 1160 Euro in total from the government as a Maternity Benefit (to be filled in and submitted after the 8th month of pregnancy).

The self-employed mum can also apply for the Maternity Leave Benefit after birth which covers a period of 4 weeks (160 Euro per week), as for the employed mums. The self-employed woman has to keep on paying social security.

3) A mum who does not work and is a citizen of Malta or married to a citizen of Malta, or is a citizen of a European Union Member State, or a citizen of a member country of the European Social Charter, or has a refugee status and is ordinarily resident in Malta or Gozo can also receive the Maternity Benefit of 1160 Euro.

Procedures
a) Maternity Leave Benefit: When completed, the Maternity Leave Benefit application must reach the Department of Social Security when applicant ends her 14th week of maternity leave and by not later than six months from this date. All sections of the form should be completed and where applicable endorsed by applicant’s employer. Payment is effected in one lump sum.

b) Maternity Benefit: When completed, the Maternity Benefit application must reach the Department of Social Security when applicant reaches the 8th month of pregnancy and by not later than six months from the date of birth of the child. All sections of the form should be completed and where applicable form is to be signed by both parents. Payment is effected in two lump sums (if application is lodged before birth) and in one lump sum (if application is submitted after birth).

You can either send the application forms by post or give them in person to the closest to you Social Security District office.

Click here for the detailed list of the SS District offices.

Payment Method
The Department of Social Security informs the applicant about the outcome of the claim. Once awarded, Maternity Leave Benefit and/or Maternity Benefit is deposited into a bank account specified by the applicant.

Paternityl leave
Maltese law does not cater specifically for paternity leave, however in terms of the Parental Leave Regulations (S.L. 452.78) and the Minimum Special Leave Entitlement Regulations (S.L. 452.101) fathers are entitled to 1 paid day of birth leave and parental unpaid leave of up to 4 months (availed of in periods of one month each) until the child has attained the age of 8 years.

Category: Resources for Malta Mums