16. In what circumstances shall I be granted special unpaid leave on grounds of public policy?
If selected for one of the posts at the levels listed at (1), (2) and (3) below and subject to having 12 months service with the Public Service, you will be granted special unpaid leave on grounds of public policy:
(1) Cabinet or similar positions of trust with Commissioners, Judges (European Court of Justice and Court of First Instance), members of the Court of Auditors, President of the Parliament, President of the European Council, members of the Council, President of the European Economic and Social Committee and the President of the Committee of the Regions;
(2) if post with the EU Institution, Body or Agency is in category A16, A15, A14, A13;
(3) if post with the EU Institution, Body or Agency is in category A12, A11, A10, A9.
Duration: The following periods of unpaid leave on grounds of public policy will apply to the categories defined above as follows:
(1) A maximum period of five (5) years which may be renewed to take up a new position of trust with a different Commissioner, Judge or President of the Institutions mentioned above;
(2) A maximum period equivalent to the duration of the terms of office of the posts you hold;
(3) A maximum period of five (5) years provided that, if you have been in the public service for more than ten (10) years, the maximum period may be extended to ten (10) years, limited however to duration of the terms of office of the posts you hold, whichever shorter.
17. What conditions are secured when unpaid leave on grounds of public policy is granted?
Provided you observe the conditions and limitations of the granting of such special unpaid leave, you will:
[i] enjoy the right to return to your substantive grade in the public service;
[ii] be eligible for progression or promotion in the same stream;
[iii] retain all rights and privileges applicable to your public office and those arising from the respective Classification Agreement;
[iv] have your service with the EU reckonable as service with the Government, also for pension purposes;
[v] if you are a pensionable officer, you will have your service with the EU deemed as service given to the Government of Malta for pension purposes under the Pensions Ordinance;
[vi] social security rights acquired in Malta under the Social Security Act (Cap. 318) prior to the officer's employment with the EU institution, Body or Agency will be safeguarded in line with the provisions of Regulation (EC) No. 883/2004.
18. When do I apply for special unpaid leave on grounds of public policy?
Once you receive confirmation of your employment with the EU Institution, Body or Agency, you are to obtain the clearance of your Permanent Secretary before applying to P&SD for special unpaid leave on grounds of public policy.
19. Do I have to give notice to my department if I am granted special unpaid leave on ground of public policy?
A notice period of six months shall have to be respected, provided that if you occupy a post that carries a longer notice period, whether contractual or otherwise, the longer contractual notice period prevails.
20. Can I be granted an extension of my unpaid leave on grounds of public policy?
Requests for extension of the 5 years unpaid leave granted to employees holding positions of trust with Commissioners, Judges or Presidents of European Union Institutions, may be considered to take up employment with a different Commissioner, Judge or President of the Institutions.
21. What happens if I resign from or my post with the EU Institution, Body or Agency is terminated prior to the expiry of the contractual period and/or the approved period of unpaid leave?
Should you resign or your employment with the European Institution, Body or Agency is terminated prior to the expiry of the contractual period and/or the approved period of unpaid leave, you shall be required to immediately write to the P&SD requesting the resumption of duties with Government and the termination of your unpaid leave.
22. When do I have to seek resumption of duties (re-integration) into the public service?
Resumption of duties with the Public Service needs to be requested in writing to P&SD, at least 12 months prior to the expiry of your special unpaid leave.
23. If I am nominated for secondment as a National Expert, do the above provisions apply?
The above provisions shall not apply to National Experts since they are seconded with the Institutions, Bodies and Agencies of the European Union. Such secondment, which can be for periods of up to four years, are made by the Government in response to a formal request or call issued to Member States by an EU Institution, Body or Agency. As a general rule, the salaries of such seconded officers continue to be paid by their department in Malta with the EU entity paying living and travel allowances.
