Maternity and Paternity Leave in Malaysia: An Employer's Guide
What Malaysian employers should know about maternity and paternity leave under the Employment Act, and how to handle it in policy and payroll.
Family leave is one of the most common policy questions from SME owners. Getting it right protects your staff and keeps you compliant.
What changed
Following the 2022 amendments to the Employment Act, which came into effect on 1 January 2023, paid maternity leave for covered employees was increased from 60 to 98 consecutive days. The Act also introduced paid paternity leave of 7 days for eligible married male employees, with conditions such as a minimum period of service.
Points to check for each case
- Coverage: confirm that the Act applies to the employee and which provisions are relevant.
- Eligibility: length of service, marital status and number of earlier confinements can affect paternity leave.
- Notice and documents: ask for reasonable written notice and supporting documents, such as a medical certificate.
- Pay: apply the correct rate of pay during leave, and keep statutory contributions accurate.
- Job protection: do not terminate an employee because of pregnancy or maternity leave.
Put it in your policy
Write the entitlement, how to apply, who approves and how work will be covered. If you offer more than the legal minimum, state it clearly so expectations are consistent.
Plan the cover
Agree a handover, decide whether to use temporary staff or reassign tasks, and discuss a return-to-work plan with the employee. Planning early keeps the team stable and the employee comfortable.
Payroll tips
Set up the leave type in your payroll system, keep leave records, and review the final payslips for the period before release.
This article is general information, not legal advice. Check the latest official guidance (HRD Corp, Ministry of Human Resources, Labour Department) for your situation.
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