PARENTAL LEAVE ENTITLEMENT [ S.L.452.78 1
SUBSIDIARY LEGISLATION 452.78
PARENTAL LEAVE ENTITLEMENT 
REGULATIONS
2nd September, 2003
LEGAL NOTICE 225 of 2003.
Title and scope.
Entitlement Regulations.
(2) These regulations lay down minimum requirements
designed to facilitate the reconciliation of parental and professional
responsibilities for working parents.
Interpretation.
Cap. 452.
'' pro rata '' shall have the meaning assigned to it by article 2 of
the Act:
Provided that:
( a ) when the employee is in part-time employment on a
variable time schedule, the number of hours of work
per week shall be the average number of hours of work
per week spread over successive thirteen week periods
commencing on the first of January of each calendar
year; and
( b ) when the employee has not been in part-time
employment for a period of thirteen weeks the average
number of hours of work per week shall be calculated
over the number of weeks in employment.
(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.
Applicability.
either -
( a ) whole-time employees,
S.L. 452.79
( b ) part-time employees entitled to  pro rata  leave in terms
of the provisions of regulation 6 of the Part-Time
Employees Regulations:
Provided that in either case, the employee has been in the
employment of the same employer for a continuous period of at
least twelve months.
(2) The minimum periods of entitlement mentioned in the
preceding subregulation shall be applicable unless a shorter period
of entitlement has been established in the contract of service of the
employee or in a collective agreement applicable to the employee.
(3) These regulations shall be applicable without prejudice to
2 [ S.L.452.78 PARENTAL LEAVE ENTITLEMENT
the introduction and implementation of more favourable provisions
in collective agreements or other agreements entered into between
the employer and the employee.
PARENTAL LEAVE
Parental leave. 4. (1) It shall be the individual right of both male and female
workers to be granted unpaid parental leave on the grounds of birth,
adoption or legal custody of a child to enable them to take care of
that child for a period of three months until the child has attained
the age of eight years:
Provided that this right shall be granted on a non-
transferable basis:
Provided further that parental leave shall be availed of in
established periods of one month each.
(2) Unless otherwise prescribed in a collective agreement
applicable to the employee, the employer together with the
employee may decide whether to grant the parental leave on a full-
time or a part-time basis, in a piecemeal way or in the form of a
time credit system.
(3) In the event that the parental leave was not availed of or
there is still an existing balance of parental leave, an employee
shall remain entitled to such leave even if there is a change in the
employer or in the employment of the employee, as long as the
employee qualifies in accordance with regulation 3.
Adoptive parents. 5. Entitlement to parental leave by employees, shall
commence from the date when the employee provides the employer
with -
( a ) evidence that the legal proceedings necessary for the
adoption to be completed in accordance with the law
have been initiated, and
( b ) (i) a written certificate from the Department of
Family Welfare certifying that a positive home
study report has been completed; or
(ii) certified evidence that the couple have legal
custody of the child.
Notice and request. 6. (1) An employee applying for parental leave from the
employer shall be bound to give a minimum of three weeks notice
in writing, specifying the beginning and the end of the parental
leave, prior to taking such leave.
(2) An employee shall have the right to request parental leave
during the period specified in article 36(20) of the Act:
Provided that when parental leave is granted during the
period specified in this subregulation, said period shall be
considered to have been automatically suspended on the
commencement of, and during the parental leave, and shall only
resume when the employee returns to work from the parental leave.
Postponement. 7. (1) An employer who receives notice for parental leave as
prescribed in regulation 6, may postpone the granting of parental
PARENTAL LEAVE ENTITLEMENT [ S.L.452.78 3
leave for justifiable reasons related to the operation of the place of
work.
(2) For the purposes of this regulation, the term ''justifiable
reasons'' includes:
( a ) where the work carried out at the place of business is
of a seasonal nature;
( b ) where a replacement cannot be found within the notice
period given by the employee;
( c ) where the specific employment of the employee who
requests parental leave is of strategic importance to the
undertaking or place of business;
( d ) where the place of business is a small enterprise
employing not more than ten people;
( e ) where a significant proportion of the workforce
applies for parental leave at the same time;
( f ) where the employee is still undergoing the period
specified in articles 36(20) of the Act:
Provided that an employer who decides to postpone the
granting of parental leave shall inform the employee in writing of
the reasons for the postponement within two weeks of receipt of the
employee’s notice in cases provided for in regulation 6(1):
Provided further that the postponement by the employer of
the taking of parental leave is without prejudice to the employee’s
right to take the parental leave entitlement at the latest before the
child reaches eight years of age and if such postponement may
result in the loss of the parental leave entitlement or part thereof, it
shall be the duty of the employer to immediately grant parental
leave for a period equivalent to the leave still unavailed of, or for
such other lesser period as may be requested by the employee.
Right to return to 
same job.
8. The employee who exercises the right to make use of
parental leave shall be entitled to return to the same job that the
employee occupied prior to the granting of parental leave, or,
where this is no longer possible for any valid reason, to an
equivalent or similar job consistent with the original contract of
employment of the employee.
Entitlement of 
employees during 
parental leave.
9. (1) The employee who is on parental leave shall, during
the period of parental leave, be still entitled to all rights and
benefits which may accrue to other employees of the same class or
category of employment at that same place of work:
Provided that during the period of parental leave, the
employee shall still have the right to apply for promotion
opportunities arising within the place of work.
(2) During the period of parental leave, an employee shall not,
upon the resumption of duties at the workplace, be entitled to any
other leave, bonuses or allowances and shall not avail himself of
such entitlement which might have accrued during such period.
(3) Unless the employer and the employee agree otherwise, the
employer shall not, during the period of parental leave, have the
4 [ S.L.452.78 PARENTAL LEAVE ENTITLEMENT
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.
Unfair dismissal. 10. It shall not be lawful for the employer to dismiss an
employee solely because an employee takes or applies to take
parental leave in accordance with these regulations, and any such
dismissal shall not constitute a valid reason for termination of
employment, without prejudice to any justified termination of
employment as prescribed by the Act:
Provided that notice of termination of employment, as
provided for in the Act may be given during the period of parental
leave:
Provided further that, in the case of issuing a notice of
termination by either the employer or the employee during the
parental leave, this shall result in the automatic suspension of the
parental leave from the third working day following the date of
issue of such notice.
Right of employee 
to demand a 
statement of 
parental leave 
taken.
11. Every employer shall be bound to keep a record of the
parental leave granted to every employee and shall, on the demand
of the employee which may be made even after termination of
employment, deliver to the employee a written statement of the
details of the leave granted to the employee.
MISCELLANEOUS
Disputes. 12. Should a dispute arise between an employer and an
employee regarding the entitlements covered by these regulations
or any related matter, then either the employer or the employee may
refer the matter to the Director of Employment and Industrial
Relations who shall mediate between the parties.
Offences. 13. Any person contravening the provisions of these
regulations shall be guilty of an offence and shall be liable, on
conviction, to a fine of not less than fifty liri and not more than five
hundred liri.
