Partners who are employees planning a family should be aware of the laws on parental leave. Suppose you and your fiance have worked in Malaysia for quite some years. Recently, you got married and want to plan a family. What is the first thing to consider?
The guidelines on paternity and maternity leave are what you should begin with. You must be well-versed in this information. This will help you provide prior notice of your leave. Additionally, it will also aid you in maintaining a proper work balance.
Read this article if you want to know paternity leave details. Here, you will come across a detailed discussion of the associated rules. Additionally, you will learn about the benefits, challenges, and compensations. Scroll down for more information.
1. Maternity Leave in Malaysia (2024)
The prolonged hiatus women take for childbirth is known as maternity leave. The time off begins from their pregnancy to childbirth.
1.1. Current laws and regulations
The guidelines on the leaves have changed over the years. Check out the most updated and recent rules.
- Pregnant women are granted a 98-day leave. This is completely paid. Once granted, it cannot be cancelled. Additionally, no employer can force her to resume work during this period.
- The employment period of the woman needs to account for at least ninety days to be eligible for this grant. However, if you have more than five surviving children, your application is invalid.
- You need to write a formal letter sixty days before the beginning of the period. You must provide a doctor’s prescription along with it. The letter must address both your immediate supervisor and the HR manager.
1.2. Recent updates and changes in 2024
The regulations for maternity leave Malaysia 2023 are slightly different than the recent ones. This was mostly done to provide a more enhanced experience. Let’s look at them –
- Previously, the tenure was for 60 days. This has now been extended to 98 days.
- There have been various advancements. For instance, the leave is also applicable for adopting mothers. Additionally, you can opt for a work-from-home jobs.
- A survey proved that almost 75% of new mothers would quit their jobs due to various inconveniences. So, more flexible working hours and modes have been provided. Additionally, the duration of maternity leave Malaysia has also been extended.
1.3. Employer obligations and responsibilities
You must always be aware of your rights. These are some of the rules that your employer needs to follow.
- If you have applied at least sixty days before the confinement period, your employer is bound to grant you the leave. Additionally, they cannot compel you to begin working during that period.
- Make sure the employer assures that the leaves are paid and that you receive all the necessary maternity allowances as outlined in the maternity policy.
- If the target employee asks for any feasible arrangement or requests a special need, the employer should provide it. However, this may differ with companies.
2. Paternity Leave in Malaysia (2024)
This is surely a very recent concept. It is satisfying to see that people have understood the need for paternity leave. Check out the necessary details.
2.1. Current laws and regulations
The male partner does not get such a long break. However, the duration is sufficient. Let’s take a look –
- The leave duration is seven days. This has been a new development under the subsection 60FA.
- However, there are conditions you must fulfil. You need to be legally married to the newborn’s mother. Moreover, you must be an employee for at least 12 months.
- The male partner must apply for the leave at least 30 days before the confinement. He, too, needs to attach the result and prescription with that.
2.2. Recent updates and changes in 2024
The rules have slightly changed from paternity leave Malaysia 2023. Check out the most updated guidelines.
- The Employment Act of 1955 was amended to include these seven days of paternity leave. It applies only to the first five children.
- These seven days are paid leave. Moreover, employers cannot ask him to return to work except for absolute emergencies.
- It is a huge improvement that people acknowledge fathers’ roles in childcare. Moreover, this also helps the mother. Fathers are now becoming more hands-on in taking care of their children.
2.3. Employer obligations and responsibilities
Even for paternity leave Malaysia, there are some rules your employers are compelled to abide by. The important ones are listed below.
- If proper protocol is followed, employers must grant paternity leave. Violation of this law might result in a penalty.
- These seven days are paid leaves. Employers cannot terminate your employee contract. They must cooperate accordingly.
- After the seven days, the office must provide a convenient and friendly working environment. They must help you function flexibly.
3. Unpaid Parental Leave Options
In some specific cases, you might have to opt for unpaid leave. For instance, you do not inform within the pre-determined time limit or are not married to the newborn’s mother. In such situations, you are forced to opt for parental leave without allowance.
3.1. Current laws and regulations for unpaid leave
According to the law, you will not receive the usual allowances. However, the law also states that necessary measures must be taken to protect the bonding. Additionally, they must ensure they can care for the child.
3.2. Eligibility and duration of unpaid parental leave
There is no unanimous tenure in this case. It normally varies with the company policies. You must discuss this with your manager or immediate supervisor for better understanding.
3.3. Impact on employment benefits and seniority
Usually, it leaves behind a negative impact. There is a disruption in the usual flow of income. You do not receive flexible working benefits. In fact, unpaid parental leave can also affect your retirement savings and benefits.
4. Parental Leave Benefits and Compensation
According to labour law, parental leave compensation is available for both the mother and father. Check out the different governmental aid you can opt for. Additionally, you may receive various employee benefits.
4.1. Maternity leave benefits and allowances
In this case, you enjoy a 98-day parental leave. During this period, employers cannot compel you to work.
Your maternity allowance is calculated based on your monthly salary. The EIS system provides it. It is calculated as your daily average wage multiplied by the leave duration.
4.2. Paternity leave benefits and allowances
You will enjoy seven days of paid leave. Except for absolute emergencies, no one can compel you to return to work for these seven days.
4.3. Government subsidies and assistance programs for new parents
Some of the common help from the government include
- Both parents receive childcare leaves
- New parents below a certain financial range can opt for Bantuan Rakyat 1
- There are tax benefits for childbirth, like medical and childcare expenses
- Various educational assistance is also provided for a healthy childhood.
4.4. Employer-provided benefits and support for parental leave
Employers usually provide parental leave allowances for both. Additionally, offers flexible working modes and hours. They also provide special arrangements if requested. Additionally, specific companies might also offer certain subsidies.
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5. Impact of Parental Leave on the Workplace
Indeed, there is a rupture of smooth operations in a workplace in such a situation. However, this is a natural procedure; hence, organisations must be ready beforehand.
5.1. Benefits of parental leave for employees and employers
The advantages are immense. During those months, stress is unadvised. Hence, parental leave ensures that the child’s health is not affected.
Moreover, wives might sometimes need a hand during or after the pregnancy. Paternity leave helps ensure a balanced household.
5.2. Challenges and considerations for employers
Maintaining a smooth workflow is the greatest challenge. Every employee contributes significantly to a company. Hence, with parental leave, the workload is burdened on other employees.
Employers are still compelled to continue the operations. Hence, it is necessary to inform them beforehand. This will help them to make the necessary preparations.
5.3. Best practices for managing parental leave in the workplace
These are some tips for effectively handling the company during that period
- As it is notified priorly, structure the workload beforehand
- Instead of burdening some spread out the workload
- Make sure the employee is completing all pending work before leaving
- Ensure they are properly handing over the responsibilities
- Clarify with the employee their return to work dates
5.4. Fostering a supportive and inclusive work environment
Some people might struggle to begin regular work right after their parental leave. In such cases, ensuring a friendly work atmosphere is necessary.
- Avoid putting unnecessary pressure
- Offer flexible work hours
- Provide work from home when necessary
- Make parental resources available
- Try to be more considerate towards them
6. Case Studies and Real-Life Examples
Some real-life stories are discussed about how parental leave impacted their pregnancy journey. However, some faced a few challenges as well.
6.1. Success stories of companies with progressive parental leave policies
Employees working at Netflix have testified to the usefulness of those 52 weeks of parental leave during that period. They have also thanked the policymakers for including additional time off to care for their children.
New fathers working in giant companies like Wipro, Zomato, etc., have shown gratitude for the eight and 26-week paternity leave. They have also added how it helped their wives. Moreover, it has fostered a better bond with the child.
6.2. Challenges faced by new parents in navigating parental leave
The four major challenges faced while availing their rightful grant was
- Companies confuse parental leave with vacation
- Managers make them feel guilty
- Supervisors are not educated enough about such leaves
- Parents were compelled to work from home during those months
6.3. Insights from employees who have taken parental leave in Malaysia
A woman was recorded saying right that after her childbirth, due to some meeting with foreign delegates, she had to prepare the presentation deck within 98 days of leave.
However, some have also spoken about their managers’ support and understanding. In fact, special arrangements were made when requested.
7. Resources and Support for New Parents
If you face injustice for parental leave in your workplace, do not settle for it. Rather, you must seek professional assistance.
- You can email or directly call the Ministry of Human Resources Malaysia or the labour Sabah for assistance. These are governmental agencies that will help you through.
- Various large and small NGOs can assist you. They usually work closely with the government to provide justice.
- You can also research the internet to learn how to write the application to avoid confusion. Read through sample leave application letters for better understanding.
8. Future Outlook and Recommendations
Even after the amendment of rules, women still find it difficult to manage pregnancy at work. Some consider maternity leave to have ruined their career. Where are we lagging, then?
8.1. Potential areas for improvement in Malaysia’s parental leave policies
Some common suggestions are
- Promote a healthy work environment
- Consider the challenges of new mothers and avoid pressurising them
- The navigation process must be known to all
- Offer flexibility in operations.
8.2. Comparison with parental leave practices in other countries
The best comparison here is Finland. Equal days of leave are granted to both parents. Additionally, no discrimination is made whether they are a biological couple.
Spain is another country that offers 12 weeks of paternity leave with 100% pay. Countries like Germany, Spain, and Poland also offer 100% pay.
8.3. Recommendations for employers and Policymakers to support new parents
A few important recommendations are as follows,
- The Paternity leave extension will be immensely helpful
- Keep provisions for exceptional situations
- Add benefits for childcare
Conclusion
Whether you are an employee or an employer, both need to be mindful while dealing with parental leave. The former must inform their managers beforehand to avoid chaos in the operations. The latter must be considerate when handling new parents. It is only with mutual understanding the process can be conducted smoothly.
FAQs on Maternal & Parental Leave in Malaysia
Q1. What is maternity leave?
A1. It is an employee benefit that pregnant women avail before and after the procedure. This leave is fully paid and legal.
Q2. What is paternity leave?
A2. It is the time off taken by new fathers during childbirth. You can take it both before and after the child’s birth. It is usually offered to help the vulnerable mother.
Q3. What is the maternity leave calculator in Malaysia?
A4. It is an online tool that helps you track important dates. This helps in effective maternity leave planning. Additionally, it also helps you calculate your maternity allowance.
Q4. What does the Paternity and Maternity Leave Employment Act 1955 state?
A5. It covers all the legal aspects. It states the duration of maternity and paternity leave. The act has been amended. The major modifications are the leave for new fathers and the extended leave for new mothers. It also states this benefit applies to only five children.
Q5. What is parental leave duration in Malaysia?
A5. For new mothers, it is 98 days; for new fathers, it is seven days. Employers cannot compel you to work during this time. Additionally, the leave must be taken consecutively for both parents.
