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Parental, Maternity, and Paternity Leave in Malaysia

What is the process for applying for paternity leave in Malaysia?

The process for a supported employee applying for paternity leave in Malaysia involves the following steps:

  • The supported employee must inform both their manager and our HRx Team of their intention to take paternity leave, which should be supported by a doctor's letter confirming their spouse's due date or a copy of the pregnancy pink book indicating the due date. This notification should be provided at least 30 days before the expected confinement or as early as possible after the birth. Additionally, the supported employee may be required to provide the birth certificate of their current surviving children and their marriage certificate, if necessary.
  • The supported employee must submit their paternity leave request for their manager's approval before commencing the leave.

How long is maternity leave in Malaysia?

In Malaysia, a female employee is entitled to 98 days of paid maternity leave under the following conditions:

  • She has been continuously employed for at least 90 days within the 9 months immediately preceding childbirth, which includes employment in the 4 months leading up to childbirth.
  • She gives birth after at least 22 weeks of pregnancy, resulting in the birth of a child or children, whether they are living or stillborn.
  • This entitlement is extended for up to 5 births.

A female employee is not eligible for paid maternity leave if she has five or more surviving children.

How is maternity leave payment calculated in Malaysia?

Calculation of maternity leave payment in Malaysia is based on the ordinary rate of pay. This involves using a standardized 26-day ruling to determine the regular day rate of pay per month.

What is the process for applying for maternity leave in Malaysia?

To apply for maternity leave in Malaysia, a supported employee must follow these steps:

  • The supported employee must inform both her manager and the HRx Team of her maternity leave plans. This should be supported by a doctor's letter confirming the due date or a copy of the pregnancy pink book indicating the due date. It is essential to provide this notification as soon as possible or within 60 days before the start of the maternity leave. Additionally, the supported employee may need to provide the birth certificates of her current surviving children, if necessary.
  • The supported employee should submit her maternity leave requests for the manager’s approval before commencing leave.
  • After returning from maternity leave, the supported employee is required to acknowledge the maternity register provided by the HRx Team for record-keeping purposes.

How long is the paternity leave in Malaysia?

In Malaysia, a married male employee is entitled to 7 consecutive days of paid paternity leave for each child born. This entitlement is applicable up to 5 births, regardless of the number of spouses.

What are the eligibility rules for paternity leave in Malaysia?

In Malaysia, the eligibility for paternity leave for a male employee is determined by the following criteria:

  • The employee must have been employed by the company for a minimum of 12 months immediately prior to the start of the paternity leave.
  • The employee is required to notify the company of his spouse's pregnancy at least 30 days before the expected birth or as soon as possible after the child is born.

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