SPECIAL QUARANTINE LEAVE TO BE PAID BY EMPLOYER IN CASES OF MANDATORY QUARANTINE  

L.N. 62 of 2020  

L.N. 63 of 2020 

  • The Superintendent of Public Health has published the Minimum Special Leave Entitlements (Amendment) Regulations, 2020; 
  • These Regulations amend the “Minimum Special Leave Entitlement Regulations” (S.L.452.101), introducing a new PAID “Quarantine Leave” for all employees. 
  • This Quarantine Leave applies to all employees, including those whose conditions are governed by a Wage Regulation Order (to whom the Minimum Special Leave Entitlement Regulations do not typically apply) 
  • “Quarantine leave” is now defined as leave to be granted “without loss of wages” in such cases where the employee is legally obliged to abide by a quarantine order confining the employee to a certain area or to certain premises as determined by the Superintendent of Public Health under the Public Health Act or by any public authority under any other law 
  • The Order specifies that every employee shall, on employment, be entitled to be granted by his employer Quarantine leave for any period of quarantine as may be determined by the Superintendent of Public Health or by any other public authority.  
  • On return of the employee to work the employer is entitled to request evidence showing that an order of the Superintendent did in fact mandate quarantine, thus confining the employee 
  • Contravening the regulations is an offenceBreach will give rise to a minimum fine (multa) of €465.87.  
  • These  regulations  are applicable  without  prejudice  to the introduction and, or implementation of provisions in other legislation under the Chapter 452, collective agreements or any other agreement entered into between employers and employees, which are more favourable to the workers. 

NOTE : As at publication date of this Update, the Superintendent has ordered that 

  1. Persons entering Malta from any other country from 13:00CET on 13 March 2020 onwards must spend  14 days in mandatory quarantine, which 14 days start from the last day that they were in any of these countries.  (L.N. 63 of 2020)  
  2. Persons entering Malta after having travelled in any High Risk Country (Italy, China, Singapore, Japan, Iran, South Korea) at any time from 27 February 2020 onwards must spend 14 days in mandatory quarantine, which 14 days start from the last day that they were in any of these countries. (L.N. 40 of 2020) 
  3. Persons entering Malta after having travelled in Spain, Germany, France or Switzerland at any time from 11 March 2020 onwards must spend 14 days in mandatory quarantine, which 14 days start from the last day that they were in any of these countries.  
  4. Persons living in the same households as any of the above persons ((i), (ii), (iii)) must also spend 14 days in mandatory quarantine. 

©Fenech & Fenech Advocates 2020 

Disclaimer  The information provided on this Update does not, and is not intended to, constitute legal advice. All information, content, and materials available are for general informational purposes only.  This Update may not constitute the most up-to-date legal or other information and you are advised to seek updated advice.