Can I be dismissed while on certified sick leave?
- 11.07.2026
I called in sick with a doctor’s certificate for three days and my employer in Malta is now saying I’ve ‘used up’ my sick leave for the year even though I calculated I should have more remaining, and they’re threatening to deduct the days as unpaid or treat them as unauthorised absence. How is sick leave actually calculated here?
Sick leave entitlement in Malta is generally set out in the applicable Wage Regulation Order for your specific sector if one applies to you, or otherwise under general employment conditions linked to the Employment and Industrial Relations Act, Chapter 452 of the Laws of Malta, with the standard entitlement typically being a set number of working days per year, often calculated based on a formula tied to your normal working week, and split between employer-paid and, once exhausted, state sickness benefit through Social Security. Ask your employer in writing for a clear breakdown of exactly how they calculated your remaining sick leave entitlement for the year, including days already taken, since disputes like this often come down to a miscalculation or a misunderstanding about which leave year applies. If your employer cannot properly justify the calculation, or is applying an entitlement lower than what the law or your applicable wage regulation order provides, you can raise a formal complaint with the Department of Industrial and Employment Relations, which can clarify and enforce correct sick leave entitlements, and ultimately bring the matter before the Industrial Tribunal if unpaid deductions are made unlawfully.
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