Maternity and Paternity Leave in Malaysia
Not sure about maternity leave in Malaysia? It’s worth mentioning that the Employment Act 1955, as amended, will come into force in early 2023, which means there are some important updates to be aware of. This article will educate you on your well-being as an employee and the labor law requirements for maternity leave in Malaysia.
These mandatory benefits include maternity leave. In Malaysia, female employees regardless of status are eligible for maternity leave as a health care benefit. This benefit means mothers can take time off before and after childbirth with peace of mind.
In fact, maternity leave is an employee benefit provided by statutory privileges in most countries. This means that employers are legally required to grant paid leave to their employees. It is worth mentioning that the Czech Republic has the longest maternity leave period of any country. It offers 28 weeks or 7 months of paid leave.
Even if you are not a pregnant mother yet, it is still important to understand the terms and details of this benefit for future reference. This isn’t just helpful for you, friends or family. Rather, it will give you peace of mind knowing that your employer will ensure your employment and current position with the company even if you become pregnant in the future.
Let’s get a brief overview of everything you need to know about maternity leave in Malaysia!
What is Maternity Leave?
Maternity leave is a paid or unpaid absence from work given to a pregnant employee or an employee who has recently given birth. Maternity leave allows them the necessary time to recover from childbirth, bond with their newborn, and attend to the mother's various physical and emotional needs. This is an important workplace benefit that recognizes the unique needs of expectant and new mothers, allowing them to put their professional lives on hold while they navigate major life transitions.
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Maternity Leave vs Paternity Leave
Maternity and paternity leave are both provided to employees to support them during major life events related to childcare. However, they are designed for different roles and individuals with different responsibilities.
Who is Eligible?
Maternity leave: Biological or adoptive mothers who give birth.
Paternity leave: Fathers or partners of individuals who give birth.
Purpose:
Maternity leave: Supports physical recovery and breastfeeding for mothers.
Paternity leave: Enables fathers/partners to bond with the newborn and share childcare responsibilities.
Length:
Maternity leave: The previous iteration of the EA 1955 only covered 60 days, but now, eligible mothers are entitled to 98 days post-pregnancy of paid maternity leave.
Paternity leave: Eligible working fathers are now entitled to 7 days of paid paternity leave under Subsection 60FA; these days must be taken consecutively.
Variations:
Both types of leave can vary depending on company policies. Some companies offer longer periods than legally required.
FAQ:
1. Are Malaysian Employers Legally Obliged to Provide Maternity and Paternity Leave?
Yes. Employment Act 1955 now covers all employees regardless of salary. In short, this means that maternity and paternity leave are now statutory rights for eligible employees in Malaysia.
2. How soon can employees start maternity leave in Malaysia?
The maternity leave period cannot start earlier than 30 days before the confinement or a day later after the confinement. It is also recommended to get a doctor’s certification indicating when the maternity leave period should start.
▶️How much should I get paid?
Click to compare your current salary with the market salary using the Ricebowl salary checker.
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