PROTECTION OF MATERNITY (EMPLOYMENT) _g S.L.452.91 1
SUBSIDIARY LEGISLATION 452.91
PROTECTION OF MATERNITY (EMPLOYMENT) 
REGULATIONS
5th January, 2004
LEGAL NOTICE 439 of 2003, as amended by Legal Notice 3 of 2004.
Title and scope.
Maternity (Employment) Regulations.
(2) The purpose of these regulations is to lay down minimum
requirements designed to safeguard the employment rights of
pregnant employees, employees who have recently given birth and
breastfeeding employees, thus facilitating improvements in the
safety and health of these employees and to give effect to the
relevant provisions of Council Directive 92/85/EEC.
(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 employee.
(4) These regulations shall apply to all employees who are
pregnant, have recently given birth or who are breastfeeding.
(5) These regulations shall come into force on the 5th January
2004.
Cap. 135.
S.L. 424.11
(6) Notwithstanding the provisions of subregulation (1), the
provisions of regulations 6, 7 and 8 shall not apply in the case of a
pregnant employee whose expected date of confinement is before
5th April 2004, irrespective of the actual date of confinement, and
the maternity leave entitlement and benefits thereof shall continue
to be regulated by article 18(1), (2), (3) and (4) of the Conditions of
Employment (Regulation) Act and by regulation 8 of the Protection
of Maternity at Workplaces Regulations.
(7) The provisions of these regulations shall apply in full in the
case of a pregnant employee whose expected date of confinement is
on or after 5th April 2004, irrespective of the actual date of
confinement 
Interpretation.
Cap. 452.
''breastfeeding employee'' means an employee who is
breastfeeding during a period of up to twenty-six weeks after her
date of confinement and who has informed her employer of her
condition by means of a certificate issued by a registered medical
practitioner or midwife;
''date of confinement'' means the date of the delivery of the child;
''employee who has recently given birth'' means an employee
who has formally informed her employer of her condition by means
2 _g S.L.452.91 PROTECTION OF MATERNITY (EMPLOYMENT)
of a certificate issued by a registered medical practitioner or
midwife, and whose date of confinement was:
( a ) not more than fourteen weeks before in the case of a
stillborn child, and
( b ) not more than twenty-six weeks before in the case of a
live birth;
''pregnant employee'' means an employee who formally informs
her employer of her pregnancy and of the expected date of
confinement by means of a certificate issued by a registered
medical practitioner or midwife;
S.L. 424.18
Cap. 424.
''risk assessment'' means the assessment carried out by the
employer to the satisfaction of the Occupational Health and Safety
Authority, in terms of the General Provisions for Health and Safety
at Work Places Regulations, or other relevant legislation in terms
of the Occupational Health and Safety Authority Act;
''special maternity leave'' means leave of absence from work
granted by the employer to an employee who is pregnant,
breastfeeding or has recently given birth, when, despite the
employer taking the steps referred to in regulation 3, there exists or
would still exist, a risk that could jeopardise the health or safety of
the employee; such leave is to be granted for as long as the risk
exists and on terms referred to in these regulations;
''working environment'' means the interaction between the nature
of the work, and the physical situation and general environment in
which the worker carries out her work.
(2) Subject to the provisions of subregulation (1), terms and
expressions used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
Employment rights 
and special 
maternity leave.
Amended by:
L.N. 3 of 2004.
3. (1) In this regulation, employee includes ''pregnant
employee'', ''employee who has recently given birth'' and
''breastfeeding employee''.
(2) The employee’s employment shall be ensured and her
wages shall not be less favourable than those stipulated in her
contract of employment when an employer takes measures to
protect the health and safety of an employee, after a risk assessment
has revealed a risk to the safety or health or an effect on the
pregnancy or breastfeeding of the employee.
(3) The measures referred to in the preceding subregulation
include:
( a ) the temporary adjustment of the working environment
and, or the hours of work of the employee concerned;
( b ) the assignment of the employee to suitable alternative
work which is appropriate for her to do in the
circumstances, in the event that the adjustment of her
working conditions and, or hours of work is not
technically and, or objectively feasible, or cannot
reasonably be required on duly substantiated grounds:
Provided that an employee who, without justification,
PROTECTION OF MATERNITY (EMPLOYMENT) _g S.L.452.91 3
refuses to perform suitable alternative work provided by her
employer which is considered acceptable in the circumstances by
the Occupational Health and Safety Authority, shall not be entitled
to any remuneration referred to in subregulation (5) during her
special maternity leave:
Provided further that when the reason for the measures
taken in terms of subregulation (3) no longer remain valid, the
employer shall endeavour to reassign the employee to the same job
or when this is no longer possible for a valid reason, to equivalent
or similar work which is consistent with her original contract of
employment.
(4) If the employer shows to the satisfaction of the
Occupational Health and Safety Authority that he is unable to
comply with the provisions in subregulation (3), the employee
concerned shall be given special maternity leave by the employer
for the whole of the period necessary to protect her safety or health,
without prejudice to her other entitlement by virtue of regulation 6
and regulation 7.
Cap. 318.
(5) During the special maternity leave referred to in
subregulation (4), the employer shall pay the employee, for a
period of eight weeks, a special allowance equivalent to the rate of
sickness benefit payable in terms of the Social Security Act.
Any special maternity leave given in relation to a single
confinement, whether as a continuous period or in an interrupted
manner, extending beyond a cumulative total of eight weeks, shall
be unpaid:
Provided that the employee shall remain entitled on
termination of the special maternity leave, to all benefits which
may accrue to other employees of the same class or category of
employment at that place of work.
(6) If an employee to whom leave has been given under
subregulation (4) as being an employee who is breastfeeding ceases
breastfeeding, she shall, at the earliest practical time, notify her
employer in writing that she has so ceased.
(7) Without prejudice to subregulation (6), if, during a period
of special maternity leave given to an employee, the employee
becomes aware that her condition is no longer such that she is
vulnerable to the risk by virtue of which she was given the special
maternity leave, she shall at the earliest practical time notify her
employer in writing that she is no longer at risk.
(8) Where an employer receives notification from an employee
under subregulation (6) or (7) and has no reason to believe that, if
the employee returned to work, she would be vulnerable to risk as
an employee to whom these regulations apply:
( a ) the employer shall take all reasonable measures to
enable the employee to return to work in the job which
she held immediately before the start of her leave and
shall then notify her in writing that she can resume
work in that job; and
( b ) the special maternity leave given to the employee shall
4 _g S.L.452.91 PROTECTION OF MATERNITY (EMPLOYMENT)
end seven days after the notification under paragraph
( a ) is received by her or, if it is earlier, on the day she
returns to work.
(9) If, during a period of special maternity leave, her
employer-
( a ) either takes whatever measures are necessary to the
satisfaction of the Occupational Health and Safety
Authority to ensure that she will no longer be exposed
to any risk by virtue of which she was given the
special maternity leave or becomes able to move the
employee referred to in subregulation (2), and
( b ) notifies the employee in writing that she can return to
work without exposure to that risk or, as the case may
be, that other work is available to her which is suitable
for her as mentioned in subregulation (3)( b ),
the special maternity leave shall end seven days after the
notification under paragraph ( b ) is received by her or, if it is
earlier, on the day she returns to work or, as the case may be, takes
up the other work.
Prohibition of 
exposure to certain 
agents or working 
conditions.
Cap. 424.
4. The provisions of regulation 3 shall apply  mutatis
mutandis , when an employer takes measures to protect the health
and safety of an employee who becomes pregnant or starts
breastfeeding, to the satisfaction of the Occupational Health and
Safety Authority, to prevent the risk of exposure which could
jeopardise the health or safety of such an employee, to agents,
processes or working conditions to which exposure is prohibited in
terms of specific provisions made under the Occupational Health
and Safety Authority Act:
Provided that the employee has duly informed her employer
that she is pregnant or breastfeeding.
Night work.
Cap. 424.
5. (1) The employee’s employment rights shall be ensured
and her wages shall not be less favourable than those stipulated in
her contract of employment when an employer, who has received
notification by means of a medical certificate that an employee
should not perform night work during her pregnancy and during
breastfeeding for reasons relating to her health and safety, transfers
her to daytime work to comply with his obligations as an employer
in terms of the Occupational Health and Safety Authority Act, or of
subsidiary legislation issued thereunder.
(2) If the employer shows, to the satisfaction of the
Occupational Health and Safety Authority, that he is unable to
comply with the requirement to transfer the employee to daytime
work as referred to in subregulation (1) as this is not technically
and, or objectively feasible or cannot be required on duly
substantiated grounds, the employee shall be given special
maternity leave as referred to in regulation 3.
Entitlement to 
maternity leave.
6. (1) A pregnant employee may apply for maternity leave for
an uninterrupted period of fourteen weeks if she notifies her
employer in accordance with regulation 8.
PROTECTION OF MATERNITY (EMPLOYMENT) _g S.L.452.91 5
(2) Maternity leave shall be availed of as follows:
( a ) six weeks of the maternity leave entitlement to be
taken compulsorily immediately after the date of
confinement;
( b ) four weeks of maternity leave to be availed of
immediately before the expected date of confinement,
unless agreed otherwise between the employer and the
employee;
( c ) the remaining balance of entitlement to be availed of,
in whole or in part, either immediately before or
immediately after the above periods, as the employee
may request:
Provided that if she is unable to avail herself of the
maternity leave entitlement before the date of confinement, such
remaining balance of entitlement may be availed of after
confinement.
Benefits.
maternity leave with full wages during the first thirteen weeks of
such leave, with the fourteenth week being unpaid.
Notification to 
employer.
8. (1) A pregnant employee who intends to avail herself of
her maternity leave entitlement, shall notify the employer in
writing of the date when she intends to avail herself of such
entitlement.
(2) The notification referred to in the previous subregulation
shall be given to the employer at least four weeks before the
maternity leave begins, in so far as is reasonably practicable.
Ante-natal 
examinations.
9. (1) A pregnant employee shall be entitled to time off
without loss of pay or any other benefit, in order to attend ante-
natal examinations, if such examinations have to take place during
her hours of work.
(2) The employer may request documentation to show the
appointment times or attesting to actual attendance for such
examinations.
Taking of leave 
during fixed-term 
contracts.
10. An employee on a fixed-term contract shall, for the
duration of that contract have the same rights conferred by these
regulations, but shall not be liable to pay the employer a sum
equivalent to the wages she received during maternity leave if her
contract of employment is not extended at the employer’s
discretion for up to a period of time which is sufficient for her to
fulfil the obligations pursuant to article 36(20) of the Act.
Rights during 
maternity and 
special maternity 
leave.
11. (1) When an employee is on maternity leave or special
maternity leave, the employee shall be deemed to have been in the
employment of the employer and during any such absence she shall
be entitled to all rights and benefits which may accrue to other
employees of the same class or category of employment at the same
place of work, including the right to apply for promotion
opportunities at her place of work, and on return to work, she shall
be entitled to return to the same job or when this is no longer
6 _g S.L.452.91 PROTECTION OF MATERNITY (EMPLOYMENT)
possible for a valid reason, to equivalent or similar work which is
consistent with her original contract of employment.
(2) During the leave referred to in the previous subregulation
the employee shall have no right to any bonus or allowance related
to performance or production.
Dismissal. 12. (1) Subject to subregulation (2), it shall not be lawful for
the employer to dismiss a pregnant employee, an employee who has
recently given birth or a breastfeeding employee, from the date in
which such employee formally notifies the employer of her
pregnancy to the end of her maternity leave, or during any period of
special maternity leave, because of her condition or because she
avails herself or seeks to avail herself of any rights in accordance
with these regulations.
(2) The provisions of subregulation (1) are without prejudice
and shall not apply to cases falling under article 36(2), (4) and (14)
of the Act.
(3) In cases where there is good and sufficient cause to dismiss
the employee, the employer shall:
( a ) cite duly substantiated grounds for her dismissal in
writing in her notice of termination;
( b ) send a copy of such notice to the Director.
Unfair dismissal. 13. (1) An employee who is dismissed shall be regarded for
the purposes of these regulations as having been unfairly dismissed
if the reason (or, if more than one, the principal reason) for the
dismissal is that the employee -
( a ) refused (or proposed to refuse) to comply with a
requirement which the employer imposed (or proposed
to impose) in contravention of these regulations,
( b ) refused (or proposed to refuse) to forgo a right
conferred on her by these regulations.
(2) In cases referred to in subregulation (1), an employee may
present a complaint to the Industrial Tribunal set up in terms of Part
III of Title II of the Act, that her employer has refused to permit her
to exercise any right she has under these regulations.
Offences. 14. Any person contravening the provisions of these
regulations shall be guilty of an offence and shall be liable, on
conviction, to a fine ( multa ) of not less than two hundred liri
(Lm200).
