Parental Leave in Malaysia: What You Need to Know
Many people want to start a family, but more often than not, work gets in the way. This is where parental leave gets involved.
Originally, paid parental leave was designed to increase women’s participation in the workforce through maternity leave, allowing new mothers precious time to bond with the newborn and recover from the stresses of childbirth. But now, there is also the added option of paternity leave, which involves the father’s role in childcare.
Maternity leave has always been a protected right in most jurisdictions. In Malaysia, maternity leave is a statutory entitlement according to the Employment Act 1955. Conversely, until very recently paternity leave has not been a statutory right. It is up to the individual employer whether or not to give paternity leave. But now, with the 2022 amendments to the Employment Act, new fathers are legally entitled to it.
Both forms of parental leave recognize that children are society’s shared responsibility – not an inconvenience to the business.
Here is what you need to know about both maternity and paternity leave in Malaysia.
Maternity Leave
As mentioned before, maternity leave is a protected right under the Employment Act 1955. Basically, that means:
- Employers must provide all female employees a minimum amount of paid maternity leave.
- Employers cannot remove or reduce such maternity benefits in the employment contract.
- Employers are prohibited from dismissing a female employee while she is on maternity leave (unless it is due to the closure of the business).
However, while maternity leave is a statutory right, there are still conditions that must be fulfilled to be eligible:
- The employee must have been employed within the 4 months leading up to confinement.
- The employee must have been employed for a total of 90 days in the nine months prior to confinement.
- Maternity leave only applies for the first five children.
Expectant mothers can take maternity leave at any time as long as it is not earlier than 30 days before confinement or later than the day immediately following confinement.
Furthermore, the pregnant employee must notify their employer at least 60 days prior to their expected confinement period. Employees can choose to work right up until the day they give birth, or commence maternity leave 30 days before their expected confinement (supported by a doctor’s letter confirming their due date).
The minimum amount of paid maternity leave in Malaysia is 98 days.
Paternity Leave
Unlike maternity leave, leave for new fathers is an uncommon thing throughout the world. Nevertheless, in recognizing the father’s importance in a child’s life (and to boost staff morale), paternity leave is increasingly being recognized by governments.
Paternity leave policies vary considerably among employers, with some giving only the statutory minimum, while others give a generous 30 days off. Under the Employment Act, new fathers get seven days of paid paternity leave.
These conditions must be fulfilled:
- The employee must be married to the mother giving birth.
- The employee must be employed for the last 12 months.
The expectant father must also notify their employer at least 30 days prior to the expected due date.
Track Parental Leave with BrioHR
Tracking leave manually can be slow and error-prone, particularly when many types of leave are involved. From annual leave to sick leave, maternity leave, and soon paternity leave, BrioHR’s leave and time-off module can help you track which employee is on leave easily.
Plus, applying for leave is made easy with BrioHR’s user-friendly app and cloud-based interface, enabling employees to apply for parental leave much easier.
With 9 powerful modules, BrioHR’s software covers the entire employee journey from recruitment to onboarding, payroll and claims, to performance and analytics, and more.
This enables business owners and HR teams to truly focus on what matters most – people.
Visit briohr.com and get a free demo now.
Many people want to start a family, but more often than not, work gets in the way. This is where parental leave gets involved.
Originally, parental leave was designed to increase women’s participation in the workforce through maternity leave, allowing new mothers precious time to bond with the newborn and recover from the stresses of childbirth. But now, there is also the added option of paternity leave, which involves the father’s role in childcare.
Maternity leave has always been a protected right in most jurisdictions. In Malaysia, maternity leave is a statutory entitlement according to the Employment Act 1955. Conversely, until very recently paternity leave has not been a statutory right. It is up to the individual employer whether or not to give paternity leave.
Both forms of parental leave recognize that children are society’s shared responsibility – not an inconvenience to the business.
Here is what you need to know about both maternity and paternity leave in Malaysia.
Maternity Leave
As mentioned before, maternity leave is a protected right under the Employment Act 1955. Basically, that means:
- Employers must provide all female employees a minimum amount of paid maternity leave.
- Employers cannot remove or reduce such maternity benefits in the employment contract.
- Employers are prohibited from dismissing a female employee while she is on maternity leave (unless it is due to the closure of the business).
However, while maternity leave is a statutory right, there are still conditions that must be fulfilled to be eligible:
- The employee must have been employed within the 4 months leading up to confinement.
- The employee must have been employed for a total of 90 days in the nine months prior to confinement.
- Maternity leave only applies for the first five children.
Expectant mothers can take maternity leave at any time as long as it is not earlier than 30 days before confinement or later than the day immediately following confinement.
Furthermore, the pregnant employee must notify their employer at least 60 days prior to their expected confinement period. Employees can choose to work right up until the day they give birth, or commence maternity leave 30 days before their expected confinement (supported by a doctor’s letter confirming their due date).
Currently, the minimum amount of paid maternity leave in Malaysia is 60 days. Come 1 January 2023, the amendments to the Employment Act 1955 will kick in, which will see new mothers given 98 days of paid maternity leave.
Paternity Leave
Unlike maternity leave, leave for new fathers is an uncommon thing throughout the world. Nevertheless, in recognizing the father’s importance in a child’s life (and to boost staff morale), many private companies have already started offering paternity leave.
Paternity leave policies vary considerably among employers, with some giving only three days off, while others give a generous 30 days off. However, in line with international norms, Malaysia will introduce statutory paternity leave in the amendments to the Employment Act 1955 that will take effect on 1 January 2023. Under the amended Act, new fathers will get seven days of paid paternity leave.
These conditions must be fulfilled:
- The employee must be married to the mother giving birth.
- The employee must be employed for the last 12 months.
The expectant father must also notify their employer at least 30 days prior to the expected due date.
Track Parental Leave with BrioHR
Tracking leave manually can be slow and error-prone, particularly when many types of leave are involved. From annual leave to sick leave, maternity leave, and soon paternity leave, BrioHR’s leave and time-off module can help you track which employee is on leave easily.
Plus, applying for leave is made easy with BrioHR’s user-friendly app and cloud-based interface, enabling employees to apply for parental leave much easier.
With 9 powerful modules, BrioHR’s software covers the entire employee journey from recruitment to onboarding, payroll and claims, to performance and analytics, and more.
This enables business owners and HR teams to truly focus on what matters most – people.
Visit briohr.com and get a free demo now.
