Employers Must Allow 90 Days Maternity Leave In Malaysia, Proposes Najib

Employers Must Allow 90 Days Maternity Leave In Malaysia, Proposes Najib

Here are all the rights you need to know as a female employee when you are pregnant. Don’t be shortchanged by your company.

Mummies(to-be), good news! You might be getting longer maternity leave in Malaysia soon! We’re nowhere close to Lithuanian maternity policies that allow up to 18 weeks of fully paid leave and an additional 156 weeks to be shared by both parents…

BUT! Recently, Malaysia’s prime minister Najib Razak, announced in Budget 2018 that the existing maternity leave in Malaysia of 60 days is proposed to be increased to 90 days. With that 50% increase, we can’t complain!

This is applicable to BOTH the public and private sector. So once this is amended in the law, this means your company must allow 90 days of paid maternity leave.

If your boss disallows this, they are breaking the LAW and as such, you may sue the company if you wish.

Here are some other rights you should take note of in regards to maternity leave in Malaysia:

maternity leave in malaysia

  • Employers cannot terminate the service of female employees when they become pregnant.
  • Every female employee is entitled to maternity allowance (monthly wages) during confinement. This is applicable if she has worked for the company for more than 90 days prior to confinement.
  • Women may only start their maternity leave from the beginning of their confinement, unless advised otherwise by a doctor. If a woman requires to start her maternity leave early, she may do so fourteen days preceding the date of her confinement.
  • However, women who have five or more surviving children at the time of her confinement are NOT entitled to any maternity allowance.
  • This only applies to a woman’s natural children, which means adopted children are not included in the law.
  • Women who miscarry at 28 weeks or more are entitled to confinement and maternity leave too.
  • If a pregnant woman decides to resign during her pregnancy, she is still entitled to maternity leave, given she informs the company of her pregnancy and the confinement period is within four months of the date she leaves.
  • Should the woman die during childbirth or during confinement, maternity allowance will then be paid to her nominee.

Don’t be afraid to speak up to your boss if you believe he or she might be mistaken!

If your boss or company continues to deny your rights for maternity leave in Malaysia, then you are encouraged to report the company or lodge a complaint to the Ministry of Human Resources for further investigation and prosecution.

You may lodge your complaint at mohr.spab.gov.my/ or:

  • Go personally to the Labour Office nearest to your workplace.
  • Write a letter to the Department of Labour. (Address: Aras 5, Blok D3, Kompleks D, Pusat Pentadbiran Kerajaan Persekutuan, 62530, Putrajaya, Malaysia.)
  • Call the Department of Labour teleworking line. (+603-8888 9111)
  • E-mail your complaint to the Department of Labour. (jtksm@mohr.gov.my)

 

Would you take the full 90 days of maternity leave? Why or why not? Let us know in the comments below. 

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Written by

Sarah Voon