Extension of Urgent Family Leave under Maltese Law

Important amendments have been introduced through the Urgent Family Leave (Amendment) Regulations 2025 to the already existing Urgent Family Leave Regulations, 2004.

In February 2025, two amendments were introduced by means of Legal Notice 28 of 2025, namely;

• An increase in the minimum number of hours to which the employee is entitled as time off from work for urgent family reasons; and
• From which form of leave is such time off from work deducted, whether from annual leave or from sick leave.

As of the 4^th of April 2025, therefore, employees in Malta will have access to thirty-two (32) hours of urgent family leave per year. This is double the previous allowance which stood at fifteen (15) hours per year. This is without prejudice to the employer’s right to introduce more favourable conditions, including therefore, a higher number of hours of urgent family leave, in collective agreements or employment contracts.

Additionally, with regards to the second amendment, the law has provided that the first sixteen (16) hours availed of by the employee for urgent family reasons will be deducted from their annual leave entitlement, whilst the remaining sixteen (16) hours will then be deducted from the annual sick leave entitlement of the employee. Prior to this amendment, urgent family leave was deducted solely from the annual leave entitlement of the employee.

The aim of these amendments

The amendments aim to improve work-life balance by allowing employees to take time off for urgent family reasons, such as sickness, accidents, or family emergencies. This leave can be used for situations like caring for sick children, assisting elderly parents, or supporting dependents in urgent need.

Employers must update their policies to comply with the European Union’s work-life balance directives. Thus, any leave policies or internal procedures to this effect may need to be amended to reflect this new introduction into the law. However, the amendments do not change the employer’s right to request proof to validate an employee’s urgent leave claim. The employer can still require evidence, but the process must remain proportional and reasonable. Some examples according to law include;

• Accidents to members of the immediate family of the employee;
• The sudden illness or sickness of any member of the immediate family of the employee requiring the assistance or the presence of the employee;
• The presence during births and deaths of members of the immediate family of the employee.

N.B. “immediate family” according to law includes the husband, wife and married or unmarried children, and family relationships up to the first degree, and whether living in the same household or not of the persons having legal custody of the child.

This amendment is applicable to both full-time and part-time employees on a pro-rata basis.