Now the effective date has been pushed back to Jan. 1, 2023, "so I'm not statutorily entitled to it," Lau said. "But my employers have been very nice about it, and they have extended my maternity leave."
Women and men who become parents after Jan. 1, 2023, will benefit from the expanded maternity and paternity leave provisions. Maternity leave has been expanded to all female employees in Malaysia who are under a contract of service, and fathers can now take paternity leave.
The duration of paid maternity leave is also being expanded. "The current maternity protection as it stands is 60 days, and that's below the international standard of 14 weeks," Lau said. If a female employee gives birth after Jan. 1, she will now be entitled to 98 days, specifically, because that equals 14 weeks, Lau noted.
Also, female employees cannot be terminated from employment during their maternity leave, nor can they be terminated if they cannot return after their leave due to medical complications that arose from their pregnancy or childbirth. However, this particular protection does not extend to paternity leave.
New Paternity Leave
"Insofar as paternity leave is concerned, this is something new in Malaysia. Previously, paternity leave was not statutorily provided," Lau said. "So new fathers didn't get any kind of statutory minimum requirement to be off" following the birth of their children. But this has also changed, and as of Jan. 1, fathers in Malaysia will be entitled to seven days of...
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