Maternity Leave in Malaysia: What You Need to Know
This will give you an idea about how they value their employees’ well-being. It also shows if they comply with labour law requirements.
Among these mandatory benefits is maternity leave. In Malaysia, maternity leave is part of the healthcare benefits that female employees are eligible for, regardless of their status. With this benefit, mothers can take an absence from work with peace of mind before and after giving birth.
Maternity leave is an employee benefit provided in most countries as a statutory privilege. Meaning, employers are required by law to grant these paid days off to their employees. Among all countries, Czech Republic has the longest maternity leave period. It offers 28 weeks or seven months of paid leave.
Even if you are not yet a mother-to-be, it is still important to know the terms and details of this benefit for future reference. Not only is it something that you, a friend, or family member will find helpful. It will also set your mind at ease that a potential employer will secure your employment and current role in the company during this milestone.
Here’s a quick rundown of everything you need to know about maternity leave in Malaysia.
(Read more: Your Guide to Planning Your 2021 Annual Leaves)
What are employees in Malaysia entitled to with maternity leave?
As of 2020, the maternity leave entitlement for new mothers is not less than 60 consecutive days of fully paid leave. Companies can also extend the leave beyond this initial period, but without pay.
Beginning January 1, 2021, the new Malaysian 2020 Budget extended the maternity leave period for employees in the private sector to 90 consecutive days. This mandatory change was reportedly made to bring Malaysian maternity benefits closer to the international standard period of 98 days. It also aimed to better support both the mother and the newborn.
It is also important to note that the maternity leave only applies to a female employee’s first five surviving children.
How soon in their employment can employees qualify for maternity leave?
To qualify for maternity leave, an employee has to be working in the same company for at least 90 days. Then, the employee must also provide:
- A formal notice of the pregnancy; and,
- A planned leave at least four months before the delivery date.
The employee must send this notice to the immediate supervisor and the human resource department.
How soon can employees start maternity leave in Malaysia?
The maternity leave period cannot start earlier than 30 days before the confinement or a day later after the confinement. It is also recommended to get a doctor’s certification indicating when the maternity leave period should start.
Other important things to note
What if you will need the maternity leave benefit soon?
It is best to revisit your employment contract or employee handbook to confirm the company’s maternity leave provisions.
What should you look for in a job?
When looking around for jobs, don’t forget to check if the job ads mention maternity leave under their employee benefits. If you don’t see it there, don’t hesitate to ask the hiring manager about it.
Can you take leave for antenatal or maternity care appointments on top of maternity leave?
While the law does not have a particular guideline for this, some companies may have additional family-oriented policies that allow employees to make arrangements if necessary. Again, it is best to consult the human resources manager if this is something they can take into consideration.
Can employees return to work before their maternity leave period ends?
The law does not allow employees to waive their rights to this benefit, so they will not be forced to return to work as soon as possible. For their health and well-being, they are instead encouraged to ease into the workplace and get back to their duties at a more flexible pace.
What if the company does not provide mandatory maternity leave?
Employees can reach out to the Labour Department if the company does not provide mandatory maternity leave in Malaysia. Non-compliant companies will be fined, and the employees will receive 60 days’ worth of salary.
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