Paternity Leave in Malaysia: Eligibility, Benefits, and Legal Requirements

Paternity leave is officially part of the picture in Malaysia, and it’s something every employer should know about.

With the legal requirement of 7 days of paid paternity leave for eligible employees, it’s essential to ensure your company policies align with the law.

This isn’t just a tick-the-box HR matter. It’s about creating a workplace that supports family values and employee well-being.

Whether you’re managing policies for a small business or a large company, understanding these changes can help you stay compliant and show your team you care.

In this guide, we’ll break down everything you need to know about Malaysia’s latest paternity leave policies, so you’re prepared to navigate them smoothly.

What is paternity leave?

Paternity leave is the time off given to dads when they welcome a new baby.

It’s a chance for fathers to be there for their family during one of life’s biggest moments.

Whether it’s helping out at home, bonding with the baby, or supporting their partner.

It’s all about making room for dads to be present during those precious early days.

Legal entitlement of paternity leave

Paternity leave has been part of Malaysia’s Employment Act 1955, following amendments that have been in effect since January 2023.

This means fathers who are married and meet certain conditions are entitled to get paid days leave when their child is born.

This regulation is a part of an effort to create a more supportive and family-friendly work environment for employees.

How many days of paternity leave in Malaysia for 2025?

In 2025, employees in Malaysia are entitled to 7 consecutive days of paid paternity leave under the Employment Act 1955.

This entitlement applies to male employees who meet specific criteria, which will be explained in the next section.

This update, introduced in 2023, is part of broader amendments to the Employment Act aimed at supporting employee’s family and work-life balance.

The policy ensures fathers have time to care for and bond with their newborns, promoting a healthier work environment.

Who is eligible for paternity leave in 2025?

In 2025, to be eligible for paternity leave in Malaysia, male employees must meet the following conditions:

Married men,
Have worked for the same employer for at least 12 months,
The leave is available for up to five births.

It’s also important to note that the 7 days of paternity leave must be taken consecutively, and it’s a paid leave benefit.

Is paternity leave mandatory for employers in Malaysia?

Yes, it’s compulsory for employers to provide paternity leave in Malaysia, as per the Employment Act 1955.

It’s following the amendments that came into effect in January 2023.

However, the requirement applies to private sector employees covered under the Employment Act.

For employees not covered by this Act, paternity leave may not be a legal entitlement unless specified in their employment contract.

This typically applies to employees in certain professions or those working in smaller companies who fall outside the scope of the Act.

For employers that are covered by the Employment Act, you are required to comply with this statutory requirement.

However, some companies may choose to offer more generous paternity leave as part of their internal policies, going beyond the legal minimum.

Benefits of paternity leave

Paternity leave offers significant benefits not only for employees but also for employers.

It supports work-life balance, enhances family bonding, and has a positive impact on morale, retention, and productivity.

For employees

Paternity leave plays a crucial role in supporting work-life balance for fathers.

It gives them the opportunity to spend quality time with their newborns. It also strengthens the father-child bond and promotes family cohesion.

This time off also helps reduce stress and prevents burnout by allowing fathers to fully focus on their family during a significant live event.

With the added flexibility of paid leave, employees can manage their personal and professional responsibilities without feeling overwhelmed.

An article in Society in Human Resource Management (SHRM) writes that fathers who take paternity leave tend to return to work more engaged and motivated.

It can positively affect their performance, productivity, and loyalty.

For employers

Offering paternity leave has several positive effects on employers too.

It can improve employee morale by showing that the company cares about the well-being of its staff and supports family life.

This leads to increased job satisfaction, which directly contributes to higher employee retention rates.

Employees who feel supported are more likely to stay with the company long term, reducing turnover costs.

Additionally, allowing fathers time to bond with their newborns can lead to higher productivity in the long run, as employees are likely to feel more refreshed and motivated after taking their leave.

Providing paternity leave helps create a positive workplace culture that values family, which can also attract new talent looking for supportive employers.

Does paternity also get an allowance like maternity?

In Malaysia, paternity leave is a paid benefit, but it doesn’t include the same allowance as maternity leave under the Employment Act.

While maternity leave comes with a government paid allowance (if eligible), paternity leave typically depends on the employer’s internal policies.

Under the Employment Act 1955, male employees are entitled to 7 consecutive days of paid paternity leave. However, this pay is typically provided by the employer rather than the government.

Unlike maternity leave, where eligible employees receive financial support through the Social Security Organization (SOCSO), paternity leave doesn’t have a government-funded allowance.

Employers may choose to offer additional benefits beyond the statutory minimum, such as extended paid paternity leave or bonuses.

However, these extra benefits will depend on the company’s internal policies.

So, it’s important for employers to clearly define and communicate their approach to paternity leave in their HR guidelines.

Can employers terminate paternity employees?

In Malaysia, employers can’t terminate an employee simply for taking paternity leave.

Under the Employment Act 1955, employees are protected against dismissal or any unfavorable treatment due to exercising their rights to paternity leave.

Employers must respect this right, and any termination during paternity leave could lead to legal issues.

Can employers refuse paternity leave?

Employers generally can’t refuse paternity leave if the employee meets the requirements under the Employment Act 1955.

Employers are legally required to grant this leave if the employee qualifies.

However, if an employee doesn’t meet the eligible criteria, such as not having worked long enough, the employer may refuse to leave.

Employers should make sure their policies align with the Employment Act to avoid legal issues or disputes. If unsure, it’s a good idea to consult legal professionals.

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