Cap. 318 Art. 72Payment of Maternity Benefit orMaternityLeave Benefit.

(1) Maternity Benefit shall be payable in two parts as follows:

(a) a first payment at the rate in accordance with Part IV

of the Fourteenth Schedule to this Act for eight weeks, upon the submission to the Director of a claim on the form of the Department accompanied by a certificate signed by a person holding the warrant to practise the medical profession in Malta and, if the Director so deems necessary, supported by such other evidence as he may, in accordance with the provisions of this Act, require showing that the claimant has entered the eighth month of pregnancy; and

(b) a second payment at the rate in accordance with Part IV of the Fourteenth Schedule to this Act for six weeks, upon production to the Director of a certificate from the Public Registry attesting the birth of the child:

Provided that where a claim is made after the birth of a child, both the first and second payments shall be made on production of the said certificate from the Public Registry: Provided further that, from 1st January 2015, when a claim follows the adoption of a child, both the first and the second payments shall be made on production of the certificate from the Public Registry confirming the said adoption.

(2) The periods of eight weeks and six weeks referred to in sub-article (1) shall be deemed to cover -

(a) in the case of the payment referred to in paragraph (a) thereof, the eight weeks immediately preceding the date of birth of the child or, if such day is not a Saturday, the first Saturday following such day;

(b) in the case of the payment referred to in paragraph (b) thereof, the six weeks commencing on the Saturday immediately following the period referred to in paragraph (a); and

(c) in the case of a payment made in accordance with the proviso to the said sub-article (1), the eight weeks immediately preceding and the six weeks commencing on the date of birth of the child, or, if such day is not a Saturday, the first Saturday following such day.

(3) The Maternity Leave Benefit according to article 71 shall be payable:

(a) with effect from the 7th January, 2012 for not more than two weeks; and

(b) with effect from the 5th January, 2013 for a period of not more than four weeks.

(4) The rate of Maternity Leave Benefit according to sub-article (3) shall be:

(a) according to the rate mentioned in Part IV of the Fourteenth Schedule; and

(b) in the case of an employed person, from the first Saturday immediately following the day on which the paid maternity leave ceases in accordance with the Protection of Maternity (Employment) Regulations; or

(c) in the case of a self-occupied person from the first Saturday following the date on which the entitlement to Maternity Benefit in terms of article 71 ceases.