Maternity & Paternity Leave in Malaysia: What the Law Says in 2023

Disclaimer: This article should not be considered to be legal advice, and altHR is not liable for any actions taken based on this article.

You might have come across our previous explainer article on maternity leave in Malaysia, or how the Employment Act 1955 covers the legal aspects of the entitlement for employees and employers here. However, the Employment Act 1955 has since been amended, with changes coming into force at the start of 2023 — which means that there are some important updates to take note of. 

Today, we’ll talk about maternity leave, as well as paternity leave in Malaysia. Here’s what employers and employees need to know for 2023 and beyond.   

Do employees in Malaysia get paternity leave?

The law on paternity leave is new to Malaysian employees. In the past, paternity leave was not provided for by law, which basically meant that its availability was dependent on your employment agreement or the organisation’s policies. 

However, the amendments to the Employment Act 1955 now include the introduction of paid paternity leave. For the first time ever, eligible working fathers are now entitled to 7 days of paid paternity leave under Subsection 60FA; these days must be taken consecutively. 

If you’re an employee looking to apply for paternity leave, or if you’re an employer looking into the statutory entitlement of paternity leave, these are some requirements:

• The male employee must be married to the mother in question 
• He must have been employed by the same employer for at least 12 months 
• He must notify the employer at least 30 days from expected confinement (or as early as possible)

Paternity leave is only available to eligible male employees for the first 5 births, regardless of the number of marriages/spouses.

How much maternity leave do female employees get in Malaysia? 

As for female employees, amendments to the Employment Act 1955 include an increase in the number of days of maternity leave that mothers are now entitled to. 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.  

Additionally, pregnant female employees and those suffering from pregnancy-related illnesses are now offered more protection from termination. However, this class of employees may still be given notice of termination if the following conditions are met: 

• Breach of contract 
• Misconduct 
• Closure of business

You should also note that maternity allowance (salary while on maternity leave) is only provided for the first five children for eligible employees. This has not been amended in the updated Act. 

Must employers allow employees to take maternity & paternity leave?

The short answer: yes. The EA 1955 now covers all employees, regardless of wages. In short, this means that maternity and paternity leave are now statutory entitlements for eligible employees in Malaysia. 

This, of course, is simply a minimum. As an employer, you are encouraged to offer more time off to your employees depending on a number of factors.