Paid Vacation / Annual Leave
Workers are entitled to paid annual leave of at least equivalent in hours of four weeks and four days on the basis of a 40-hour working week and 8-hour working day (24 days of annual leave). If an employee is in employment for less than 12 months in any calendar year, the worker is entitled to such annual leave in proportion to the period of employment. If the average working time, calculated in the basis of a reference period of 17 weeks, is below or exceeds 40 hours per week, the annual leave entitlement in hours is adjusted accordingly.
Annual leave is scheduled on days agreed upon between the worker and the employer. Law allows splitting of annual leave and a proportion of annual leave (not more than 50% of total annual leave entitlement) may, by mutual agreement, be carried over once to the next calendar year. However, such vacation may be utilized first during the next year and may not be carried forward again.
A worker cannot receive any payment in lieu of four weeks of leave except in the case of termination of employment and any agreement to the contrary is null and void. There is no clear provision on pay during the term of annual leave except that the law mentions "paid annual leave". It appears that law requires that a worker be paid his/her full wages during the term of annual leave.
If a public holiday, falls on a weekly day of rest to which such employee is entitled, such employee is entitled to an additional day of vacation leave during the calendar year when such public holiday so falls on a weekly day of rest or on a Sunday in respect of each such public holiday.
sources: §4 of the Weekly Day of Rest and Annual Vacation Leave National Standard Order (S.L.452.64); §8 of the Organisation of Working Time Regulations (S.L.452.87)
Pay on Public Holidays
In Malta, there are 14 national and public holidays of religious and memorial nature. The full time employees are entitled to national holidays and all public holidays with full pay.
The National Holidays are Jum il-Helsien (March 31); Sette Giugno (June 07); Jum il-Vittorja (September 08); Jum 1-Indipendenza (September 21); and Jum ir-Repubblika (December 13).
The Public holidays are New Year's Day (January 01); Feast of St. Paul´s Shipwreck (February 10); Feast of St. Joseph (March 19); Good Friday; Workers' Day (May 01); Feast of St. Peter and St. Paul (June 29); Feast of the Assumption (August 15); Feast of the Immaculate Conception (December 08); and Christmas Day (December 25).
The above days and Sundays are public holidays in Malta and these days are enjoyed with full pay.
sources: National Holidays and other Public Holidays Act (CAP. 252); §8(5) of the Organisation of Working Time Regulations (S.L.452.87)
Weekly Rest Days
Every worker is entitled to a minimum uninterrupted weekly rest period of 24 hours for each 7-day period. An employer can however decide that weekly rest period is averaged over a 14-day reference period. A worker, in such cases, is entitled to either 2 uninterrupted rest period of at least 24 hours preceded by a daily rest period or one uninterrupted rest period of at least 48 hours preceded by a daily rest period. The rules on daily rest periods may also be modified or excluded by collective agreements.
sources: §3 of the Weekly Day of Rest and Annual Vacation Leave National Standard Order (S.L.452.64); §6 of the Organisation of Working Time Regulations (S.L.452.87)