Paternity leave gives working fathers time to be present and helps employers stay fair. This guide explains what paternity leave in Malaysia is under the Employment Act 1955 (as amended), what employees should know, and what an employer should do to stay compliant.
Table of Contents
- What Is Paternity Leave?
- Is Paternity Leave a Legal Entitlement in Malaysia?
- How Many Days Can Fathers Take, and Is It Paid?
- Who Qualifies for Paternity Leave Malaysia?
- When Should Paternity Leave Malaysia Start, and Do Weekends Count?
- How Should Employees Apply for Paternity Leave?
- What Should an Employer Do to Manage Paternity Leave Well?
- What Mistakes Create Legal Risk With Paternity Leave?
- Conclusion
- Frequently Asked Questions
What Is Paternity Leave?
Paternity leave supports paternity, allowing a father to step away from work around the birth of a child. Unlike annual leave, this time away helps families manage recovery and registration, while also easing the transition to home. In most workplaces, paternity leave is separate from annual leave and unpaid leave.
Is Paternity Leave a Legal Entitlement in Malaysia?
In Peninsular Malaysia, paternity leave is provided under Section 60FA of the Employment Act 1955. A married male employee can take seven consecutive days of paid paternity leave at his ordinary rate of pay for each confinement, limited to five confinements regardless of the number of spouses.
Meanwhile, in Sabah and Sarawak, paternity leave is provided under amended Labour Ordinances that took effect on 1 May 2025.
For HR teams, treat paternity leave as a legal item.
How Many Days Can Fathers Take, and Is It Paid?
Eligible working fathers can take 7 consecutive days of paid paternity leave for each confinement, subject to the limit in the Act. “Consecutive” means calendar days, so weekends and public holidays are counted if they fall within the days taken.
Because this is paid paternity leave, pay is at the ordinary rate. These are leave days, so a working handover helps. The company pays it, so payroll should record it as paternity leave, not annual leave.
Who Qualifies for Paternity Leave Malaysia?
To qualify, the Employment Act 19755 sets requirements that HR should apply consistently:
• The employee is a married male employee.
• The employee has been employed by the same employer for at least 12 months immediately before the commencement of the paternity leave.
• The entitlement is limited to up to five confinements, regardless of the number of spouses.
• The employee has notified the employer of the pregnancy at least 30 days before the expected confinement, or as early as possible after the birth.
If someone does not meet the statutory requirements, the employer may still grant leave as a benefit. Document it clearly so that expectations are managed, and the legal position remains clear.
When Should Paternity Leave Malaysia Start, and Do Weekends Count?
The entitlement is commonly taken starting on the day of birth. The key point is that the seven-day period runs continuously over calendar dates. If the baby arrives on a Saturday, those weekend dates are still part of the entitlement.
Most fathers take the 7 days straight, and those days should be treated as paternity leave, not annual leave.
A practical approach for busy teams:
• Confirm the start date quickly.
• Set a simple handover for urgent work.
• Keep contact light, because paternity leave is still paternity leave.
If your handbook still says working days by habit, update it to match the legal intent of consecutive calendar dates.
How Should Employees Apply for Paternity Leave?
For working fathers, applying for paternity leave should be predictable.
Before the due date
- To begin with, inform HR and your manager of the expected delivery date.
- In addition, confirm your eligibility.
- After that, plan your dates and submit the leave request early.
- Most importantly, notify your company at least 30 days before the expected confinement.
If the birth happens earlier than expected
- In that case, notify HR as early as possible after the birth.
- Then, confirm your start date and the seven days away.
- Where required, provide supporting documents such as a hospital notification or birth registration slip.
After returning
• Check payroll reflects the paid entitlement properly.
Good practice for employers and employees
From an employment standpoint, keep the process consistent. Ask working fathers to submit their leave requests in the system, and it will automatically route the request to their HOD for approval. In addition, they can CC their teammates, so everyone stays informed and work coverage remains smooth.
What Should an Employer Do to Manage Paternity Leave Well?
This entitlement affects morale, retention, and how fathers talk about your workplace. Here is a practical checklist for each employer:
- Put the rules in writing
o Align eligibility with the Employment Act 1955
o Confirm consecutive calendar dates
o List documents and timelines - Train managers so they handle paternity leave malaysia consistently
- Coordinate HR and payroll to record paid paternity leave correctly
- Plan coverage with a short handover so that daily working tasks do not stall
- Review your leave policy to avoid mixing annual leave with this entitlement.
With TimeTec HR, companies can set leave rules, track leave usage, and keep a clear audit trail for legal reviews.
What Mistakes Create Legal Risk With Paternity Leave?
Common legal tripwires include:
• Counting only working days and under granting the entitlement
• Forcing fathers to use annual leave instead of paternity leave
• Forgetting the five-confinement cap stated in the Act
• Ignoring the 30-day notice requirement
• Recording the leave incorrectly and creating payroll errors
Conclusion
Paternity leave gives fathers time at home when it matters most and gives employers a clear framework for leave management. In Peninsular Malaysia, the Employment Act 1955 provides 7 consecutive days of paid paternity leave per confinement, up to five confinements, so fathers can focus on home without juggling work messages.
Frequently Asked Questions
1. How many days of paternity leave can fathers take in Malaysia?
Eligible fathers in Peninsular Malaysia get seven consecutive days under the Employment Act 1955, subject to the five-confinement limit in the Act.
2. Do employers pay paternity leave in Malaysia, or is it unpaid?
Employers pay statutory paternity leave in Malaysia at the ordinary rate when the employee meets the eligibility requirements.
3. Does paternity leave include weekends and public holidays?
Yes. In Malaysia, paternity leave runs on consecutive calendar dates, so weekends and public holidays count within the leave period.
4. Can an employer refuse paternity leave?
If an employee qualifies under the Employment Act 1955, the employer should grant the paternity leave.
5. What is the fastest way to get paternity leave Malaysia approved?
Give notice early, confirm your dates, and provide documents.