The Education Division is under investigation by the European Commission following complaints that it is denying teachers some of their maternity leave entitlement.
Teachers have claimed they are not being allowed to take their full 14 weeks of maternity leave when it coincides with their summer holidays. Instead, according to the complaints, the division considers the summer break to form part of the maternity leave entitlement.
This would go against EU law as it has been established, even through a ruling by the European Court of Justice, that all workers are entitled to their full maternity and annual vacation leave, EU sources said. The Commission would start infringement procedures if Malta is found in breach.
The issue was flagged to the Commission by Nationalist MEP Simon Busuttil who asked it to investigate and check whether the policy adopted by the Maltese authorities complied with EU law.
In her reply, Justice Commissioner Viviane Reding made it clear that maternity and annual leave were two separate things and workers were entitled to enjoy both. “According to the case law of the European Court of Justice, a worker must be able to take her annual leave outside her maternity leave, even in cases where the period of maternity leave coincides with the general period of annual leave determined by collective agreement for the entire workforce,” she told Dr Busuttil.
“The Commission is looking at the details and on the basis of this examination will decide on the appropriate action to take,” Ms Reding said.
Commission sources said it appeared that the Maltese application of EU rules in this area was defective as according to the 2004 ECJ ruling, a worker must be able to take her annual leave during a period other than the period of her maternity leave.
The Court argued that annual leave and maternity leave served different purposes: annual leave was to ensure workers had a proper break, while maternity leave was intended to protect women and the special relationship between a mother and her child.
“We are now trying to establish the precise facts before launching official infringement procedures,” the sources said.
Recently, Malta had to amend its parental leave rules as they did not completely conform to EU rules, being discriminatory against women and allowed employers t o exploit certain loopholes. The rules have been brought in line following legal action started by the Commission.