All workers will now be entitled to sick leave from day one of employment

Updated 12.25pm

Sick leave will apply from the first day of employment across all sectors, the government announced on Thursday.

Parliamentary Secretary Andy Ellul was addressing a Times of Malta Breakfast Brunch titled Equal Rights, Better Workplaces. He said that, until now, workers in different sectors were entitled to sick leave at different stages of their employment. 

“We addressed this anomaly, and now everyone can have sick leave from the time their employment begins.”

The change will be made via a legal notice that will update various wage regulation orders in the coming days. 

Ellul explained that in some sectors, including construction, employees were previously only able to access sick leave after a year in their role.

Under the new measures, workers will be entitled to sick leave immediately upon starting a job.

The entitlement will be calculated on a pro-rata basis, depending on the date of employment. For example, an employee who starts work halfway through the year will be entitled to half of the annual sick leave allowance.

Andy Ellul made the announcement during a Times of Malta business breakfast. Photo: Chris Sant Fournier

The changes form part of a broader effort to modernise employment laws, many of which are governed by Wage Regulation Orders (WROs) dating to the 1950s. These regulations vary by sector and have led to discrepancies in areas such as leave entitlements and wages.

“These employment laws were made for a different time, and many were created in the 1950s. They were created for a country that is completely different to the Malta of today.”

Ellul said the government is addressing inconsistencies in other types of leave. Bereavement and marriage leave will now be standardised at three days for all workers.

Previously, some employees were entitled to just one day of bereavement leave and two days of marriage leave.

The reform also proposes equal minimum wage rates for 16- and 18-year-olds, effectively removing lower wage tiers for minors.

Ellul noted that although 16-year-olds have the right to vote, they were still being paid less in certain sectors due to their age.

In addition, the minimum wage will be adjusted to reflect different working weeks across sectors, including 48-, 52- and 60-hour schedules. 

Ellul noted, "Previously, in some sectors, if you worked 48 hours or if you worked 52, you got the same amount. That is, of course, not fair."

Employers will now be required to provide uniforms and personal protective equipment free of charge where necessary, replacing previous uniform allowances.

The reforms also introduce gender-neutral language in employment legislation. Terms such as “watchman” will be replaced with “watchperson”.

Christine Calleja, a lawyer with Mamo Advocates who worked on the reforms, said the changes would help streamline employment regulations across sectors and reduce confusion.

Diane Vella Muscat, director general of the Department of Industrial and Employment Relations, said the reforms would also make it easier to respond to workers’ queries, as rules become more consistent.

This marks the first phase of a wider reform process. Future discussions are expected to address issues such as overtime and public holidays across different sectors.