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Good practice Imported

Malaysia's Employment (Amendment) Act 2022 — 98-Day Maternity Leave, Pregnancy-Dismissal Shield and Higher Harassment Penalties

Malaysia · Putrajaya · See the Malaysia profile · See the Putrajaya profile

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Malaysia raised paid maternity leave from 60 to 98 days, introduced 7 days of paid paternity leave, shifted the burden of proof onto employers in pregnancy dismissals and raised harassment penalties to RM50,000. No outcome evaluation yet.

Details

Promoter
Ministry of Human Resources, Malaysia (Labour Department)
Period
2022-2023 (in force 1 January 2023)
Keywords
labour law, maternity protection, sexual harassment, flexible work

Description

Malaysia's Employment (Amendment) Act 2022 updated the Employment Act 1955, with the changes in force from 1 January 2023.
Gender-relevant provisions: paid maternity leave rose from 60 to 98 days; married male employees gained 7 consecutive days of paid paternity leave (up to five confinements); dismissing a woman because of pregnancy or pregnancy-related illness became an offence, with the employer bearing the burden of proving another ground (breach of contract, misconduct or closure of business); the fine for failing to inquire into a sexual-harassment complaint rose from RM10,000 to RM50,000 and employers must display a harassment notice; employees may apply in writing for flexible hours, days or place of work, and employers must answer within 60 days, giving written reasons for any refusal.
Evidence caveat: the sources describe the legal text; no evaluation of changes in women's employment, pay or harassment reporting was found, and employers are not obliged to grant flexible-work requests. The practice is catalogued for its replicable legal design, not for proven impact.

Read the full analysis: https://conventuslaw.com/report/malaysia-the-employment-amendment-act-2022-key-changes-to-the-employment-act-1955/

Implementation

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Data sources

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