When Aida discovered she was expecting her first child, she was overjoyed. Her pregnancy, however, came during one of the busiest seasons at her workplace. Determined to prove her dedication, Aida worked tirelessly—long hours, endless deadlines, and even business travel—until the very last weeks before her delivery.

As her due date approached, Aida finally applied for her maternity leave. To her shock, her manager questioned her request: “Do you really need the full period? The company is short of staff. Can you come back earlier?” When she explained that she was legally entitled to maternity leave, the manager sighed and said, “We will see what we can do, but no promises.”

Exhausted and anxious, Aida wondered: After all my commitment, why must I struggle for something as basic as maternity leave?

The Law

The Employment Act 1955 (Act 265) gives clear protection for female employees on matters of maternity:

1. Entitlement to Maternity Leave
   • Section 37(1) entitles every female employee to 98 consecutive days of maternity leave for each confinement, up to five surviving children.
   • This leave may begin 30 days before the expected confinement date or at the time of confinement itself.
2. Maternity Allowance
   • Under Section 37(2), a female employee who has been employed for at least 90 days in the four months before her confinement is entitled to a maternity allowance during her leave.
   • This allowance equals her ordinary monthly wages.
3. Restriction on Termination
   • Section 41A prohibits employers from terminating a female employee during pregnancy or while on maternity leave, except in cases of:
     • Gross misconduct,
     • Closure of the business, or
     • Willful breach of contract by the employee.
   • Any termination outside these exceptions is unlawful.
4. Void Agreements to Waive Maternity Rights
   • Section 7 of the Act invalidates any contract terms that are less favourable than what the Act provides.
   • This means an employee cannot be forced to accept fewer maternity days or to return early, even if she signs an agreement under pressure.

These provisions demonstrate that maternity leave is not a favour from the employer—it is a statutory right. Employers who refuse, reduce, or obstruct maternity leave are in breach of law.

Lessons

For Employees:

• Know your entitlements. All female employees in Malaysia, regardless of salary level, are entitled to 98 days of maternity leave as of 1 January 2023.
• Keep records. Submit maternity leave applications in writing, keep medical certificates, and retain copies of correspondence with HR or managers.
• Stand firm. If pressured to return early or denied maternity leave, employees can lodge a complaint with the Jabatan Tenaga Kerja (JTK). The Director General has powers to investigate and enforce compliance.

For Employers:

• Compliance is mandatory. Employers cannot deny or shorten maternity leave. Doing so violates the Employment Act and exposes the company to fines and legal disputes.
• Plan ahead. Workforce planning should anticipate employee pregnancies. Temporary staff, job rotation, or project rescheduling are better strategies than denying lawful leave.
• Foster a supportive culture. Companies that respect maternity rights build loyalty, improve retention, and enhance their reputation as fair employers. Disregarding these rights damages morale and may increase turnover.

For HR Practitioners:

• Educate line managers. Many disputes arise because supervisors are unaware of the law. HR should provide clear guidelines and training.
• Review policies. Employee handbooks should align with the Employment Act and state maternity rights explicitly.
• Promote inclusivity. Beyond compliance, HR can support working mothers with flexible arrangements, breastfeeding rooms, or return-to-work programmes.

Conclusion

Aida’s story highlights a troubling reality: many women in Malaysia still feel they must “fight” for maternity leave, even though the law has guaranteed it for decades.

The Employment Act 1955 makes it clear: maternity leave is a right, not a privilege. Employees cannot be forced to return early, denied their allowance, or terminated simply for being pregnant. Employers who claim otherwise are not only unfair but unlawful.

The lesson is twofold. For employees, awareness of rights is essential. For employers, respecting those rights is not only a legal obligation but also a moral duty. A workplace that honours maternity protection contributes to healthier families, stronger loyalty, and a more sustainable workforce.

In short: No woman who has given her all at work should have to struggle for her rightful maternity leave. The law is on her side, and it must be respected.