Paternity Leave in Malaysia – 5 Things You Must Know.

Paternity leave in Malaysia not a very common benefit in the employment sector. In fact, for a very long time, there was no provision for paternity leave under the Malaysian Labor Law 1955. Unlike maternity leave which always had a place in the eyes of the Malaysian employment regulation, paternity leave was introduced much later. However, the latest amendment to paternity leave is positive and most welcomed.

(1) What is Paternity Leave?

Paternity leave is paid leave that is granted to new fathers. This is a great benefit for male employees because new fathers need to spend time with their newborn as well.

Why New Fathers Need Longer Paternity Leave?

When a new child is born, fathers often have to make sure that the basic necessities are there for the both the mother who is on confinement and the baby.

New dads usually have to make sure things are in order at the house, help out with chores and run errands. Therefore, this paternity leave provides time away from work to focus on family matters.

The role of a father in the birth of his child should not be underestimated.

(2) What is the New Paternity Leave in Malaysia?

Paternity leave used to be 3 days before the latest Employment Act 1955 amendment. In 2022, the government decided to review the existing 3 days and change it to 7 days!

Yes, that is right. As a new father, you are eligible for seven (7) days of paid leave to look after your newborn. You do have to take note that the seven days are consecutive days including public holidays and weekends.

See the example below:

• Ahmad is on 5 days’ work week. He takes his paternity leave starting July 22. His paternity leave will be from July 22 to July 28 which includes Saturday and Sunday. So, technically, he only enjoys 5 days of additional paid leave.
• If Ahmad works 5.5 days, 6 days or shift work per week, then he would be able to enjoy more than 5 days of additional paid leave.

Nevertheless, 7 days of paid paternity leave is always better than 3 days so enjoy the new amended benefit.

(3) Terms of Eligibility for Paternity Leave.

There are some conditions that you need to fulfill in order to be eligible for paternity leave. Here are those requirements:

Legally married.

You must be legally married to the mother of the child. That means you should be able to present a marriage certificate if required by your Company.

Employed at least 12 months.

You must work with the same employer/company for a minimum of twelve (12) months.

Inform your company early.

You need to inform your employer/company at least 30 days prior to your wife’s confinement date. Best to do it as early as possible since you know that you are going to be a new father.

Only for the first 5 births of your child.

You are only eligible for the first five (5) births of your child regardless of how many times you have been married or how many spouses you have.

(4) How to Apply for Paternity Leave in Malaysia?

First make sure that you meet the eligibility requirements for paternity leave. After that, inform your direct manager as early as possible.

Use the Time Management System.

Your company should have a time management system or a HRMS system where there should be an option for paternity leave. You can apply through the system. If you are unsure of this, check with your manager or the HR department.

Use a leave form.

If your company do not have such a system, then you should inform in writing via email. If you don’t have email access for whatever reason, write a letter requesting for the leave. Make sure you indicate the dates where you will be on leave.

(5) How Can HR Enforce Paternity Leave Correctly in the Company?

If you are in the HR department and your company is still following the previous paternity leave entitlement, it is time to change and there are several steps you can take to enforce this to your employees in an effective way.

Update your Employee Handbook.

The first thing that you need must do is to update the paternity leave entitlement in your handbook. If you already have the previous paternity leave provision stated in your handbook, then updated it accordingly.

Update your Time Management System.

Make sure that your time management system has this leave option for employees to apply. Setting up additional leave should not be a big problem. If you cannot do it yourself, get the vendor who supplied you with the system to help on this.

Create a paternity leave form.

If you do not have a time management system or a HRMS system, you can create a separate paternity leave application form or add this leave into your existing leave form.

Create a policy.

Create a paternity leave policy that governs the way your Company manages this leave request. This will help your employees better understand the process of applying this type of leave. The policy should include things like:

Educate your employees.

There is very little benefit in adopting the new paternity leave policy if you do not spend time to educate your employees about it. Not everyone will go on themselves to look for the policy and read it, especially the blue-collar employees.

You can communicate the policy via email and also hold dialogue sessions with employees to explain to them about it. If your employees fully understand this policy, it will make your life as HR easier.

Conclusion.

The new paternity leave that provides 7 days of paid leave to new fathers is good news for all male employees. It shows that the government has started to pay attention to the importance of a father’s role in caring for the newborn. Companies should provide clear directive to all employees on how to manage paternity leave in Malaysia which includes written policy, leave application access and communication.