Sick leave & employment law · Malta
Speak to a sick leave lawyer in Malta about your absence dispute
Sick leave disputes can leave you uncertain about your pay, your job and your next step. Tell us in a few minutes what has happened, and we match you free of charge with an advocate whose practice covers sick leave and employment matters in Malta.
- Warranted advocates practising before the Maltese courts
- Free, no-obligation matching within 24–48 hours
- Confidential handling of your employment situation
Free matching service · No legal advice is given by this platform
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About this service
Legal help when sickness becomes a dispute at work
If you are off sick and your employer is questioning your absence, delaying your pay, or treating your illness as a disciplinary matter, the practical questions come quickly: what does my contract say, which documents matter, and where do I stand under Maltese law? This page explains how the Maltese system handles these situations and how to reach the right professional. Our platform is not a law firm and we do not give legal advice. We run a free matching service: you describe your case in a few minutes, and we introduce you to a sick leave lawyer in Malta whose practice covers employment and sick leave disputes. You decide whether to instruct them, and on what terms.
Malta in practice
How Maltese law and procedure shape a sick leave dispute
Malta is a mixed jurisdiction: private law follows the continental civil-law tradition of the Civil Code, while procedure and public law carry a strong English common-law imprint. For anyone dealing with a sick leave dispute, that mix decides where a case is filed, which time limits apply and who may represent you.
Civil claims are tiered by value
Civil claims in Malta are allocated according to amount. The Small Claims Tribunal hears monetary claims up to EUR 5,000; the Court of Magistrates hears claims above EUR 5,000 up to EUR 15,000; and the Civil Court, in its superior jurisdiction, hears claims exceeding EUR 15,000 or of unquantifiable value. Where a sick leave dispute involves a quantifiable sum, that tiering usually determines the forum.
One unified profession: the advocate
Malta has a single type of lawyer, and the terms ‘lawyer’ and ‘advocate’ are used interchangeably, with no barrister/solicitor division. Practice requires a warrant issued by the President of the Republic, and an advocate has rights of audience before all courts. Representation by an advocate is required in contentious proceedings before the Superior Courts; before the Small Claims Tribunal a party may appear in person or be assisted by any person.
Legal procurators and procedural acts
Alongside advocates, Malta has a separate ancillary profession, the legal procurator (prokuratur legali), which handles procedural steps such as service of documents and filings. Both roles appear in the statutory fee tariffs, so a single case may involve two professionals. This division is a distinctive feature of Maltese procedure and one reason local representation matters.
Fees follow statutory tariffs
Advocates’ and legal procurators’ fees are governed by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, which also guide the quantum of costs awarded against a losing party. Contingency-fee and other conditional-fee arrangements are ethically prohibited in Malta, so you should expect a fee structure agreed in advance rather than a share of whatever is recovered.
Legal aid and the means test
Legal aid is administered by Legal Aid Malta. In civil cases an applicant must pass both a means test and a merits test; under the means test, property including disposable money must not exceed EUR 13,000 in net value for the preceding twelve months. Eligible persons are assigned a legal aid lawyer and a legal aid procurator by court decree.
Bilingual courts, Maltese records
Maltese and English are both official languages, and legislation is enacted in both, with the Maltese text prevailing in case of conflict. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education at the University of Malta is taught in English. Court rulings and deeds are drafted in Maltese, so expect documents in Maltese even when your lawyer advises you in English.
Key time limit — Employment Law
Wages of domestic servants, artificers and day-labourers — 1 year. The shortest period in the Maltese schedule applies to these categories of wages.
Court structure, professional rules, fee tariffs, legal aid thresholds and limitation periods above are drawn from official Maltese and European Union sources (e-Justice Portal, the Laws of Malta, Legal Aid Malta and the Judiciary of Malta), consulted in 2025.
Typical situations
When a sickness absence turns into a legal problem
These are the situations clients most often bring to us. Each one has a procedural answer under Maltese law, and each one is easier to handle with local representation.
Your pay is withheld
You submitted a medical certificate, but your employer has stopped or reduced your pay and is not explaining why. A lawyer can review the contract, the certificate and the correspondence, then set out your position in writing.
Your absence is treated as misconduct
What began as ordinary sickness has become a disciplinary file, a warning or a dismissal. An advocate can examine whether the correct procedure was followed and represent you in the forum that has jurisdiction over the dispute.
You cannot work out where to start
You are unsure whether your matter belongs before the Small Claims Tribunal, the Court of Magistrates or the Civil Court, or how much time you have left. Matching you with a Maltese advocate answers those questions first.
Why this route
How our matching works for Malta
We are a matching platform, not a law firm. Our role is to put your case in front of a qualified local professional quickly and without cost.
Advocates warranted in Malta
Every professional we introduce holds a warrant to practise in Malta and has rights of audience before the Maltese courts, so you are not relying on a generalist adviser from another jurisdiction.
Employment and sick leave focus
We look for practices that genuinely handle sick leave, absence and employment disputes, rather than firms that merely list employment law among many unrelated areas of work.
Free and confidential first step
Describing your situation costs nothing and commits you to nothing. Your details are shared only with the professionals you agree to be matched with, and you choose what to do next.
Cross-border and bilingual cases
Malta’s courts work in Maltese while legal education and much commercial practice run in English, and many foreign workers need advice on both. We match on language and on the cross-border element of your case.
Also available in
Sick leave and employment lawyers across Europe
The same free matching service covers other European jurisdictions, each with its own courts, time limits and professional rules. Choose the country where you work.
Frequently asked questions
Sick leave disputes in Malta: practical questions
Do I need a sick leave lawyer in Malta if my employer disputes my medical certificate?
If your employer questions your certificate, withholds pay or treats your absence as misconduct, a sick leave lawyer in Malta can review your contract, your medical documentation and the correspondence, explain where you stand under Maltese law, and either negotiate on your behalf or represent you in the competent court or tribunal.
Where would a sick leave dispute be heard in Malta?
Civil claims are allocated by value. The Small Claims Tribunal hears monetary claims up to EUR 5,000, the Court of Magistrates claims above EUR 5,000 up to EUR 15,000, and the Civil Court in its superior jurisdiction claims exceeding EUR 15,000 or of unquantifiable value. Representation by an advocate is required in contentious Superior Court proceedings.
How are lawyers’ fees regulated in Malta?
Advocates’ and legal procurators’ fees are governed by statutory tariffs in the schedules to the Code of Organisation and Civil Procedure, which also guide costs awarded against a losing party. Contingency-fee and other conditional-fee arrangements are ethically prohibited in Malta, so fees should be agreed in advance.
Could I qualify for legal aid instead of paying privately?
Legal aid is administered by Legal Aid Malta. In civil cases you must pass both a means test and a merits test; under the means test, property including disposable money must not exceed EUR 13,000 in net value for the preceding twelve months. Eligible persons are assigned a legal aid lawyer and a legal aid procurator by court decree.
How long do I have to bring a claim in Malta?
It depends on how the claim is classified. Maltese law provides a thirty-year general limitation period, two years for tort or damages claims not arising from a criminal offence, and five years for interest and periodic payments. Because classification affects your position, a Maltese advocate should assess the timing early.
Can my case be handled in English if I do not speak Maltese?
Maltese and English are both official languages and legislation is enacted in both, with the Maltese text prevailing in case of conflict. Maltese has been the language of the courts since 1934, and court rulings are drafted in Maltese, but legal education is taught in English and English is widely used in practice and commercial matters.
Next step
Describe your situation and get matched with a Maltese advocate
Tell us what happened at work in a short, structured form. We review it and introduce you, free of charge, to a sick leave lawyer in Malta who handles the type of dispute you are facing. There is no obligation to instruct anyone.