S.L. 452.125 Art. 5Parental Leave. Cap 452.    Cap. 452.   Cap 413.

(1) Every worker is entitled to parental leave per child, whether full-time, part-time, and whether employed on an indefinite or fixed-term contract:

Provided that in all cases, the worker has been in the employment with the same employer for a continuous period of at least twelve (12) months:

Provided further that for the purpose of calculating the twelve (12) month qualifying period, in case of workers with a fixed contract term:

(a) when there are successive fixed term contracts with the same employer, the sum of these contracts shall be taken into account, and

(b) when there is a fixed term contract which is renewed within a six (6) month period from its termination, the said period between the two contracts shall also be taken into account:

Provided further that unless the employer and the employee agree otherwise, the employer shall not, during the period of parental leave, have the right to suspend the parental leave and to request the employee to return to work before the agreed date of resumption of duties, and the employee shall have no right to return to work prior to the agreed date of resumption of duties.

(2) The minimum periods of entitlement mentioned in the preceding sub-regulation shall be applicable unless a shorter period of entitlement has been established in the contract of service of the worker or in a collective agreement applicable to the worker.

(3) These regulations shall be applicable without prejudice to the introduction and implementation of more favourable provisions in collective agreements or other agreements entered into between the employer and the worker.

(4) Workers have the right to request that they take parental leave in flexible ways. The employer shall consider and respond to such requests, taking into account the needs of both the employer and the worker. The employer shall provide reasons for any refusal to accede to such a request in writing within two (2) weeks from the request:

Provided that, without prejudice to any collective agreement applicable to the worker, the employer together with the worker may decide whether to grant the parental leave on a full-time or a part-time basis, or in a piecemeal way.

(5) A worker applying for parental leave from the employer shall be bound to give a minimum of two (2) weeks notice in writing, specifying the beginning and the end of the parental leave, prior to taking such leave.

(6) Without prejudice to the Act, the Minister may issue regulations to provide for conditions of access to and detailed arrangements for the application of parental leave adapted to the needs of adoptive parents, parents with a disability and parents with children with a disability, or a long-term illness:

Provided that in the case of parents with a disability or parents with children with a disability, without prejudice to the applicability of the Act, any arrangement concerning parental leave which goes counter to the provisions of the Equal Opportunities

(Persons with Disability) Act shall be considered null and void.

(7) Upon the granting of parental leave, during the period of parental leave, the employee shall have the right to apply for promotion opportunities arising within the place of work, and in order to facilitate the return to work following parental leave, both the employer and employee concerned are obliged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, which are to be decided between the parties themselves.