Maternity? Paternity? Or “I’ll just Google it later”?
Whether you’re an HR professional or an employee preparing to welcome a new baby, understanding your entitlements is more important than it seems. Across Malaysia, many employees still wonder how long they can be away or whether their salary continues during that period. This guide explains maternity paternity leave under the Employment Act 1955 (EA 1955) covering employee rights and HR obligations clearly.
Table of Contents
- Overview of Maternity and Paternity Leave in Malaysia
- Why Maternity and Paternity Leave Matter
- Supporting Modern Parenthood in the Workplace
- Conclusion
- Frequently Asked Questions (FAQ)
Overview of Maternity and Paternity Leave in Malaysia
Under the Employment Act, employees in Malaysia are entitled to parental leave benefits that protect their rights and promote family well-being.
Female employees are entitled to 98 consecutive days of paid maternity leave. This period allows mothers to recover and bond with their newborns while keeping their jobs secure. To qualify, an employee must have worked for the same employer for at least 90 days in the nine months before childbirth and have fewer than five surviving children. Employers must pay full salary during maternity leave and cannot dismiss employees on maternity grounds.
| Item | Details |
| Eligibility | Female employees under the EA 1955 |
| Duration | 98 consecutive days for each confinement |
| Pay | Full salary if eligible |
| Coverage | Up to five surviving children |
| Protection | Cannot be terminated during maternity leave |
| Law Reference | Section 37, EA 1955 |
For fathers, paternity leave in Malaysia was officially introduced in 2022 as part of the Act’s amendment. Married male employees are entitled to seven consecutive days of paid leave. This recognises their role in supporting both mother and child during early parenthood. To qualify, the employee must be legally married to the mother and have served the same employer for at least 12 months. They may claim for up to five confinements with the same spouse within 60 days of childbirth.
| Item | Details |
| Eligibility | Married male employees under the EA 1955 |
| Duration | 7 consecutive days |
| Pay | Full salary for the period |
| Coverage | At least 12 months with the same employer |
| Protection | Up to five confinements per marriage |
| Law Reference | Section 60FA, EA 1955 |
These parental leave provisions ensure fair practice and consistency for both employees and employers. With efficient leave management, HR can maintain accurate maternity paternity leave records, ensure payroll accuracy, and comply with the EA 1955.
Why Maternity and Paternity Leave Matter
Maternity paternity leave supports shared responsibility between parents. When both parents receive equal support, it strengthens employee well-being and retention.
Forward-thinking companies in Malaysia are now extending maternity benefits, offering longer paternity leave, and introducing flexible working time or childcare support. These initiatives encourage a family-first culture and enhance the company’s reputation as a supportive employer.
Supporting Modern Parenthood in the Workplace
In Malaysia’s evolving workforce, companies now view maternity and paternity leave as a reflection of their workplace values, not just time off. When companies actively support parents, they promote inclusivity and equality while reducing turnover. Encouraging fathers who take paternity leave helps balance caregiving roles, and providing flexible return-to-work options empowers mothers to rejoin the workforce with confidence. These practices build stronger families and, in turn, stronger organizations.
Quick HR Reminder
- EA 1955 compliance: Ensure your policy aligns with Section 37 and Section 60FA.
- Payroll accuracy: Use an integrated payroll solution to keep maternity leave Malaysia and paternity leave Malaysia payments precise.
- Documentation: Maintain clear maternity leave and paternity leave records for audit and compliance checks.
A proper human resource management system helps simplify HR tasks by automating leave applications, approvals, and reports. With all data linked to payroll, HR teams save time, prevent miscalculations, and stay compliant effortlessly.
Conclusion
Parental leave is more than a legal entitlement; it reflects care and balance at work. Employers in Malaysia who manage parental leave efficiently build a strong foundation of trust and compliance.
For HR professionals, understanding Malaysia’s parental leave policies helps protect employees while keeping operations in line with the Employment Act. With solutions like TimeTec Leave, HR can manage time and processes more effectively, creating a workplace that values both people and performance.
Frequently Asked Questions (FAQ)
1. Can employees take maternity or paternity leave before the baby is born?
Maternity can begin anytime within 30 days before the expected delivery date, as agreed with the employer. Paternity, however, can only be taken within 60 days after the child’s birth.
2. What if an employee resigns during maternity leave Malaysia?
Employees who resign before or during maternity leave may lose their maternity allowance, but must still serve their notice period.
3. How should HR handle overlapping public holidays or rest days during maternity leave?
Public holidays or rest days that fall within maternity leave are counted as part of the 98 days; they are not added on top of the leave period.