Paternity Leave in Malaysia: What Employers Need to Know
- Angel Tai
- 5 hours ago
- 4 min read
One of your team just shared some exciting news. His wife is expecting.
It’s a big life moment, not just for him, but for your team too. Along with the excitement, you might also be wondering how paternity leave works in Malaysia. Is it mandatory? Who qualifies? Is it paid? Do weekends count? Don’t worry, we’ve got your back.
Let’s walk through everything employers need to know about paternity leave in Malaysia, so you can support your team while staying compliant.
What Is Paternity Leave?
Paternity leave is a paid leave granted to a male employee when his wife gives birth. It allows him to support his partner and soak in those first precious days with his new baby.
In Malaysia, paternity leave became a legal entitlement under the Employment Act 1955, effective 1 January 2023. This means eligible married male employees are entitled to 7 consecutive days of paid paternity leave.
Here's what you need to know:
When it starts: Paternity leave begins on the day the baby is born.
How the days are counted: The 7 days are calendar days, so weekends and public holidays count too.
It covers up to 5 births: The entitlement applies to the first 5 births, regardless of whether the children are from the same spouse.
Example: If your employee's wife gives birth on 1st January 2025, he can take his 7 days of paternity leave from that date and return to work on 8th January 2025.
Paternity Leave Eligibility
Not all employees automatically qualify, so it's worth checking that your employee meets all the conditions before approving the leave.
Under the Employment Act, an employee is eligible if:
He is legally married to the child’s mother
He has worked for the same employer for at least 12 months
He has notified the employer of the pregnancy at least 30 days before the expected delivery date, or as soon as practicable
Important Note: Employees who have resigned and are currently serving their notice period still qualify for paternity leave, as long as they are officially employed and meet the eligibility requirements under the Employment Act.
Managing Paternity Leave Smoothly
Here are a few simple ways to make the process smoother for everyone involved.
1. Update Employment Contracts and Policies
Make sure your employee handbook clearly explains who qualifies, how many days are given, when employees need to inform the company, and what documents are required. Usually, a marriage certificate and expected delivery details are enough.
2. Plan Early
Once your employee has informed you, you should start arranging workload redistribution, assigning backup personnel, and setting clear expectations with the team.
3. Communicate Everything Clearly
A simple confirmation message covering the approved leave dates, payment details, and expected return date can help avoid misunderstandings. It’s also important to ensure your payroll team understands that paternity leave is paid leave under the Employment Act, and should not be deducted from annual leave.
4. Make the Return Easy
Coming back after a week of newborn life, and probably very little sleep, can feel like a lot. A quick catch-up on what he missed, and a little breathing room can go a long way in helping him settle back into work.
Frequently Asked Questions
1. How many days is paternity leave in Malaysia?
Eligible employees are entitled to 7 consecutive days of paid paternity leave under the Employment Act. Some companies choose to offer more as part of their employee benefits package, which is always a great way to show the team they are valued.
2. Is paternity leave paid in Malaysia?
Yes. Paternity leave is paid at the employee's ordinary rate of pay. It should also be treated separately from annual leave.
3. Does paternity leave include weekends in Malaysia?
Yes. The 7 days are consecutive, so weekends, rest days and public holidays are included.
4. When does paternity leave start?
Paternity leave begins on the date the employee’s wife gives birth and must be granted continuously for 7 days, including weekends, rest days, and public holidays.
For example, if the child is born on a Friday night, the paternity leave period would continue through the weekend and end on the next Thursday.
5. Can employers refuse paternity leave?
Depends. If the employee meets all the eligibility requirements under the Employment Act 1955. Eligible employees are legally entitled to the statutory paternity leave benefit, and employers are expected to grant it accordingly.
To avoid disputes or compliance issues, employers should ensure their leave policies align with current employment laws and are communicated clearly to employees.
6. Am I eligible for paternity leave if I've resigned?
Yes. Employees serving their notice period may still qualify for paternity leave, as long as they are still officially employed by the company and meet the eligibility requirements under the Employment Act.
Resigning from the company does not automatically remove the entitlement if the employment relationship is still ongoing during the leave period.
7. Are employees eligible for paternity leave when their spouse had a miscarriage?
Depends. Under the Employment Act, if the miscarriage happens after 22 weeks of pregnancy, the employee may still qualify for 7 days of paid paternity leave if all eligibility requirements are met.
This is because the law defines childbirth as a birth occurring after at least 22 weeks of pregnancy, regardless of whether the child is born alive or not.
Final Thoughts: Get the Basics Right, Then Build on Them
Paternity leave may seem straightforward, but small misunderstandings can lead to payroll errors, inconsistent treatment, and unhappy employees. For SMEs, having clear policies and processes in place makes a real difference. That's where Synergy comes in.
We help Malaysian businesses simplify HR compliance, implement clear policies, and build systems that support both your people and your growth.
Because when your employees are supported at home, they show up stronger at work.
If you would like to learn more about how we can support your HR compliance needs, call us at 📞+6 010-277 0718 or email us at info at 📩 info@synergy-outsourcing.com
