Guide To Maternity & Paternity Benefits In Malaysia

The arrival of a new baby is a joyous occasion but can also be hectic for parents who need to balance childcare duties with work and everyday routines, all while the mother is recovering.

To help working parents manage better, Malaysia offers maternity and paternity benefits under the Employment Act. These benefits include mandatory protections and paid leave, ensuring that parents have the support they need during this critical time.

Updated Maternity and Paternity Leave Benefits in Malaysia

Starting from January 2023, the minimum maternity leave in Malaysia was increased from 60 to 98 days under the Employment Act. This change allows employees to fully focus on caring for their newborn and making a good recovery. Additionally, a seven-day paternity leave was introduced.

As a pregnant employee, you are entitled to begin your maternity leave up to 30 days before your due date. The confinement period refers to the time after childbirth when the mother recovers and adjusts to the new baby.

It is advisable to consult with your doctor to determine the best time to start your maternity leave, as every pregnancy is unique. If your doctor deems you unfit to work, you can begin your maternity leave anytime within 14 days prior to your confinement.

If you wish to return to work earlier to earn more income, you may do so provided you are certified fit by a doctor and have your employer’s permission.

For the first time, paternity leave is also being granted. To be eligible for this benefit, you must meet two conditions:

• You have worked for the same employer for at least 12 months prior to the commencement of leave.
• You notify your employer at least 30 days before confinement or as soon as possible after the baby’s birth.

Please note that the paternity leave benefit is limited to five confinements.

Parental Leave & Allowances in Malaysia

During parental leave, your company is required to pay you an allowance at your ordinary rate of pay or at a government-set rate, whichever is higher. This ensures no salary cuts during your leave.

Eligibility for Maternity Allowance

To qualify for maternity allowance, you must meet the following criteria:

• You must have worked at least 90 days within the nine months prior to your confinement or four months before confinement.
• You must notify your employer of your expected confinement date at least 60 days in advance.
• The maternity allowance is limited to five births. If you have already received maternity leave pay for five children, you will not be entitled to it for subsequent confinements.

This notice period allows you to plan your leave adequately and hand over your responsibilities to your colleagues.

Paternity Allowance

Eligible fathers are also entitled to a paternity allowance during their leave, ensuring financial support for both parents during this important time.

Protection From Termination

Employers are not allowed to terminate a pregnant employee or a pregnant employee who suffers an illness due to her pregnancy. This is unless there has been a breach of contract, misconduct or closure of business.

In the case where an employee is terminated or given notice of termination, it is the onus of the employer to show proof that termination is not due to pregnancy or illness caused by the pregnancy.

If an employee remains absent from work due to sickness arising from pregnancy after maternity leave has ended, employer is not allowed to terminate or serve termination notice to employee until her period of absence reaches 90 days.

Read Also: EPF, SOCSO, EIS, MTD: Understanding Your Payslip As An Employee In Malaysia

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