Moms-to-be in Malaysia can now go for their 60-day maternity leave two weeks before the confinement, without having to wait until the due date. The new ruling took effect on 1 May 2009.

Once the 60 days of leave are consumed, they are expected to report to work.

To obtain the approval for the maternity leave, all they need to do is to present a letter by a doctor stating their expected delivery date to their superior.

The new ruling was introduced by the government as part of an effort to improve the benefits and perks to the civil servants. In 1998, a 60-day maternity leave was introduced in place of the existing 48 days to the government employees.

Last year, another ruling that allows mothers to take up unpaid leave for up to five years (for the first five babies) was introduced.

Cuepacs, the union body of the government employees, however, are now pushing the government to increase the number of days in the maternity leave to 84 days. According to Cuepacs president, Omar Osman, the extra days are imperative, especially for those who deliver their babies through caesarian procedure.

The Selangor state government is now offering 90 days maternity leave to female civil servants instead of the usual 60 days as part of the state’s welfare initiatives. The decision was announced by the Mentri Besar, Tan Sri Khalid Ibrahim 2 days ago.

Additionally, husbands can now enjoy 14 days of paternity leave, replacing the 7 days, effective immediately.

For wives whose husbands pass away, the old 3-day emergency leaves will be replaced with a 30-day compassionate leave.

In response to the announcement, the Public Services Department director-general, Tan Sri Ismail Adam has asked the government to look into the decision as it may affect the pension payment of the affected workers. He went further to say that should the Selangor government proceed with the new ruling, the extra 30 days need to be offered as unpaid leave.

According to Ismail, the federal government cannot offer more than 60 days of maternity leave to female employees as it is against the circular already issued by the federal government before.

Cuepacs, the labour union for the civil servants, however, hailed the decision, and is asking the federal government to follow suit in giving extra days of maternity leave. Cuepacs President, Omar Osman, that the new implementation is in parallel with the requirement set by the International Labour Organization, ILO.

Following is a list of 7 common types of leaves you may encounter during your working life. Examples of entitlement are with reference to the Malaysia employment laws.

The explanation should not be construed as true in all cases – it will be subject to your condition of employment et cetera. In case of consultation for specific matter, get advice from the subject matter experts.

1. Annual leave

The most common leave. According to the Malaysia Employment Act 1955, an employee is entitled to annual leave after twelve months of continuous service.

However, many of them will give a 1-month-1-day sort of annual leave per year so that a new employer can consume a total of about 12 days of leave in his first year.

Min eligibility is as follows:

Less than two years of service – 8 days
Between 2 year and 5 years of service – 12 days
More than 5 years – 16 days

2. Sick/medical leave

A leave taken due to sickness, covering both outpatient and hospitalization. Eligibility:

Less than two years of service – 14 days
Between 2 year and 5 years of service – 18 days
More than 5 years – 22 days

If the employee is hospitalized, then a further 60 days (min) of hospitalization will be granted, minus the medical leave given. However, leave for recuperation after hospitalization (e.g. recovering from surgery) is not considered hospitalization leave.

3. Maternity leave

A woman with not more than 5 surviving children is entitled for a 60 days maternity leave subject to certain conditions. First, there is a confinement after 28 weeks of pregnancy. And secondly, she should have been employed by her company for at least 3 months prior to confinement.

4. Paternity leave

Leaves for male employees with newborn baby. Private sector offers 1-3 days. Government employees get longer.

5. Compassionate leave

Leaves in case of deaths or mishaps among family members. 1-3 days, subject to employer’s jurisdiction.

6. Unpaid leave

Often taken by employees who either have consumed all annual leaves entitlement, or those taking leaves at the beginning period of their employment.

7. Emergency leave

Leaves taken without proper notice. Some companies don’t give this and grant the employees with the unpaid leaves instead.

The issue of maternity leave for working women in Australia has cropped up again after a proposal was raised to issue a 14-week paid maternity leave for mothers.

This new scheme, once implemented, will benefit more than 300,000 women currently making up the total workforce in Australia.

As paid maternity leave is not regulated in Australia, the decision to award the leave – the length of leave, and whether it’s paid leave or not – is at the discretion of the employer. While a number of employers have been generous by giving long paid leaves, many others on the other hand have clearly indicated their unwillingness to pay the mothers. As a result, many of the women who give birth come back to work before their babies are 3 months old.

More accurately, 1 in every 6 women with new-born baby resumes work before their baby’s age reaches 3 month.  Even more shocking, in the same survey published in the Australian government report, it is indicated that 8% of the mothers return to their office within the first month of confinement.

The report went on to conclude that women are forced to come back for duty due to ineligibility for paid maternity leave, and concern over their financial undertaking.

Many groups in the country have called the government to propose a new maternity leave structure to extend appreciation to the working class mothers and give more time for them to be close to their babies. While 14 weeks of paid maternity leave seems sensible for a few quarters, a number of prominent groups and labour organizations want more – between 6 months up to 1 year.