DIER says leave must be approved before you take it, and an employer may consider work exigencies when deciding a request. That is different from withholding your statutory entitlement or cancelling leave already agreed.
| Situation | What to know |
|---|---|
| Your employer refuses the dates you requested | You need approval before taking leave. DIER says an employer may approve or refuse a request while considering work exigencies; its guidance does not require alternative dates to be offered automatically. |
| Your employer cancels leave that was already agreed | DIER says agreed leave cannot be cancelled unilaterally; cancellation requires both you and your employer to agree. |
| Your employer directs you to take leave | DIER says the employer must provide a written statement justifying forced leave within a reasonable time before it starts. Shutdown leave has separate limits and notice rules. |
| You could not take leave because of maternity, sickness or injury leave | DIER says the unused balance may automatically transfer to the following year when you could not take it during the year for that reason. |
| You believe your employer is withholding your statutory leave | DIER advises lodging a claim with the department for an evaluation and possible court action. Its employee contact number is 1575. |
A refusal of your dates is not automatically a refusal of your leave
You need your employer’s approval before taking annual leave on the dates you requested. DIER says an employer may approve or refuse an application while taking the exigencies of work into consideration. Its guidance does not set out a fixed test or define exactly what those work exigencies include, so the reason depends on the circumstances.
A refusal of particular dates does not by itself show that your employer is refusing your statutory annual-leave entitlement. DIER’s guidance does not say that alternative dates must automatically be offered after a request is refused. Ask for the reason, suggest other dates in writing and keep a record of your requests and replies. If you cannot agree on dates, clarify how your statutory entitlement will be provided.
Once leave is agreed, it cannot be cancelled unilaterally
If your leave has been agreed, neither you nor your employer can cancel it alone: DIER says cancellation requires both sides’ agreement. This is about leave already agreed; you still need approval before taking dates that have not been approved.
Employer-directed leave and shutdowns are different situations
If your employer makes you take forced leave, DIER says the employer must provide a written statement justifying it within a reasonable time before the leave starts. DIER also says forced leave that exceeds your annual-leave entitlement does not create a civil debt owed by you to the employer. This is separate from asking for particular dates yourself.
For shutdowns, including temporary closures and bridge holidays, DIER says an employer may generally use up to the equivalent of 12 working days from annual leave. Shutdowns must be communicated to employees by the end of January of that calendar year. Different arrangements may apply under a qualifying collective agreement or agreement involving the union and employer or employer association.
Your entitlement depends on your hours and time employed
DIER lists at least 192 hours of paid annual leave for an employee with a 40-hour working week. Part-time and reduced-hours employees receive a pro-rata entitlement; if you have been employed for less than 12 months, your entitlement is proportionate. DIER also says eligible national or public holidays falling on an employee’s rostered day off can add leave hours. Your working pattern and applicable sector terms can affect the calculation.
Unused leave: carry-over and payment
As a general rule, up to 50% of annual leave may be carried into the following year if you and your employer agree. DIER says carried-over leave must be used first and cannot be carried forward again. Do not assume unused leave automatically rolls over.
There is an important exception: DIER says annual leave that you could not take during the year because of maternity, sickness or injury leave may automatically transfer to the following year. Leave that had been scheduled during one of those periods is treated as not taken and should be taken after you return, or carried into the next year if you could not take it before the year ended.
Annual leave generally cannot be replaced with cash while you remain employed. DIER says the minimum four weeks, or 160 hours, cannot be replaced by an allowance except when employment ends; outstanding leave may then be claimed as financial compensation.
If your employer is withholding your statutory leave
If you believe your employer is refusing to grant your statutory entitlement—not just the particular dates you requested—DIER advises lodging a claim for an evaluation and possible court action. Keep your leave balance, requests, replies and relevant employment terms. DIER lists 1575 for employees and info.dier@gov.mt as contact details.
Questions people ask
Does my employer have to offer alternative dates?
DIER’s guidance says an employer may refuse requested dates based on work exigencies, but does not say alternative dates must automatically be offered. Suggest alternatives and ask how your statutory entitlement will be provided.
Can my employer cancel leave after approving it?
DIER says agreed leave can be cancelled only if both employer and employee agree. You still need approval before taking leave.
Can my employer require me to take annual leave?
DIER says forced leave requires a written statement from the employer justifying it, provided within a reasonable time before it starts. Shutdowns also have specific limits and a communication deadline.
Can unused annual leave carry over?
Up to 50% may generally be carried over by agreement. DIER also says leave you could not take because of maternity, sickness or injury leave may automatically transfer to the following year.
Can annual leave be paid out instead of taken?
Generally, not while you are still employed: DIER says the minimum four weeks cannot be replaced with an allowance except when employment ends. Outstanding leave may be claimed as compensation upon termination.
Sources
- Department for Industrial and Employment Relations (DIER), Leave FAQs
- Department for Industrial and Employment Relations (DIER), Vacation Leave
- Department for Industrial and Employment Relations (DIER), Contact
General information, not individual immigration or legal advice. Confirm your own status and current requirements with the relevant authority.