Paternity Leave Notice (Malaysia)

A Paternity Leave Notice in Malaysia is a written notification by a male employee to his employer claiming his statutory right to paid paternity leave under Section 60FA of the Employment Act 1955 (Act 265), inserted by the Employment (Amendment) Act 2022 effective 1 January 2023. Before the 2022 Amendment, paternity leave was not a statutory entitlement under Malaysian federal employment law; male employees depended entirely on voluntary employer policies or collective agreements under the Industrial Relations Act 1967 (Act 177) for any paternity leave benefit.

Section 60FA of the Employment Act 1955 provides that a male employee is entitled to seven consecutive days of paid paternity leave per confinement, for up to five confinements. The entitlement is conditional on the male employee having been employed by the same employer for at least twelve months before the confinement. Paternity allowance is paid at the employee's ordinary rate of pay, calculated under the Employment (Amendment) Regulations 2012 as monthly wages divided by twenty-six working days.

The Department of Labour Peninsular Malaysia (JTKSM) under the Ministry of Human Resources (MOHR) administers and enforces Section 60FA. An employer who refuses to grant or pay for statutory paternity leave commits an offence under Section 99A of the Employment Act 1955, which carries a fine of up to RM50,000. Employees may also file a claim before the Labour Court under Section 69B of the Employment Act 1955.

A Paternity Leave Notice differs from a general Leave Application Form in that it invokes a specific statutory entitlement under Section 60FA rather than a contractual or discretionary leave policy. The notice formally triggers the employer's payroll obligation and serves as the documentary record required under Section 60K of the Employment Act 1955, which mandates maintenance of a wages register including leave records.

EPF (Employees Provident Fund) contributions under the Employees Provident Fund Act 1991 (Act 452) and SOCSO contributions under the Employees' Social Security Act 1969 (Act 4) continue during the seven-day paid paternity leave period at standard rates, as paternity leave is paid leave and contributions are calculated on wages paid.

The legal framework governing the Paternity Leave Notice (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Paternity Leave Notice (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Act 1955 (Act 265) sets the foundational requirements.

A Paternity Leave Notice in Malaysia is required whenever a male employee covered by the Employment Act 1955 wishes to exercise his statutory right to seven days of paid paternity leave following the confinement of his spouse.

A Paternity Leave Notice is needed upon or immediately after the birth of the employee's child, as Section 60FA of the Employment Act 1955 requires the leave to be taken consecutively commencing from the date of confinement or such date as agreed with the employer. The notice must be given before or as soon as practicable after the confinement.

A Paternity Leave Notice is required when a male employee wants to confirm his statutory entitlement is recorded separately from annual leave or personal leave in the employer's wages register under Section 60K of the Employment Act 1955. Without a formal notice, some employers may deduct the absence from annual leave rather than the paternity leave entitlement, reducing the employee's annual leave balance incorrectly.

A Paternity Leave Notice is needed for the employer's payroll processing under the Wages Council Act 1947 and LHDN (Lembaga Hasil Dalam Negeri) reporting under Section 83 of the Income Tax Act 1967 (Act 53). The paternity allowance paid during the seven-day leave period is employment income assessable under Schedule 1 of the Income Tax Act and must be reported in the employee's EA Form (Borang EA).

A Paternity Leave Notice is required when a company's employment contract or collective agreement under the Industrial Relations Act 1967 provides for more than seven days of paternity leave, as the formal notice activates both the statutory minimum and any additional contractual entitlement simultaneously.

A Paternity Leave Notice is needed for the fifth and final confinement to confirm both the employee and employer are aware that no further statutory paternity leave entitlement exists under Section 60FA of the Employment Act 1955 after the fifth confinement.

A Malaysia Paternity Leave Notice must include the following components to invoke the statutory entitlement under Section 60FA of the Employment Act 1955 and to create a valid record for the employer.

Employee identification: Full name, employee ID, department, and designation. The employer uses these details to verify that the employee satisfies the twelve-month continuous service eligibility requirement under Section 60FA(2) of the Employment Act 1955.

Confinement details: The actual or expected date of confinement of the employee's spouse, the name of the spouse, and whether the child is alive at the time of the notice. Section 60FA does not expressly address stillbirths; employers and practitioners recommend the same approach as Section 37 maternity leave, treating a stillbirth as a confinement.

Confinement number: Whether this is the first through fifth confinement, as entitlement under Section 60FA(3) is capped at five confinements. Employers are entitled to request evidence such as the child's birth certificate issued under the Births and Deaths Registration Act 1957 (Act 299) or hospital discharge records.

Proposed leave dates: The start and end dates of the seven-day paternity leave period in DD/MM/YYYY format. Under Section 60FA, the leave must commence from the date of confinement unless the employer and employee agree on a later commencement date to accommodate operational needs.

Paternity allowance payment confirmation: Confirmation that the employer will pay paternity allowance at the ordinary rate of pay under the Employment Act 1955, processed through the normal payroll cycle under the Wages Council Act 1947.

Supporting document reference: Reference to any supporting document such as the spouse's hospital confinement certificate or the child's birth registration under the National Registration Department (Jabatan Pendaftaran Negara) under the National Registration Act 1959 (Act 78).

Supervisor and HR acknowledgement: Signed receipt by supervisor and HR department confirming receipt of the notice and the approved leave dates, activating the employer's statutory payment obligation under Section 60FA of the Employment Act 1955.

Additional compliance elements for a Paternity Leave Notice (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.