Child Care Leave

Childcare Leave

Definition

This refers to leave taken by the employee to spend time with his/her child. A child medical certificate is not required. For example, the employee can use the leave to accompany a child on the first day of school, or care for the child personally should the usual care arrangements fall through.

Am I entitled to maternity leave?

Yes, as long as you have worked for your employer for at least 90 days in the four months before starting maternity leave. Under the 1955 Employment Act, you are then entitled to at least 60 consecutive days of maternity leave at full pay.

Your employer cannot fire you or give notice of termination during your maternity leave.

In some cases, you may be entitled to more than the statutory two-month maternity leave:

• mums in the civil service can apply for additional five years of unpaid leave after their maternity leave;

• banks and some state government employees also enjoy 90 days of maternity leave;

• some multinational companies provide even more than 90 days of maternity leave;

• some companies allow employers to extend their maternity leave but without pay, after the mandatory 60 days.

In all cases, check your employment contract, collective agreement or consult your company's human resource department to confirm the details of your maternity leave entitlements and benefits.

It is worth noting that maternity benefits generally apply to your first five children. Under the law, you will not be entitled to maternity leave for your sixth child and all subsequent children.

Under the law, you are also not entitled to maternity leave after adopting a child although again, your employer may have more generous provisions.

When can I start maternity leave?

The short maternity leave in Malaysia has most women working right up to the day they give birth. This is so that they can spend as much time as possible with their baby.

However, you are actually entitled to start your...