Paternity Leave Malaysia 2026: 7-Day Entitlement, Eligibility & How to Process It
The statutory entitlement is 7 consecutive days for each qualifying confinement, restricted to 5 confinements, regardless of the number of spouses.
To qualify, the employee must be legally married, must have been employed by the same employer for at least 12 months before starting paternity leave, and must notify the employer at least 30 days before the expected confinement or as early as possible after the birth.
This guide answers all the key questions — for both HR professionals and employees.
What Is Paternity Leave in Malaysia?
Paternity leave is paid time off given to a male employee following the birth of his child. Under the Employment Act 1955 (as amended in 2022), this is a legally mandated benefit — not one that employers have the discretion to withhold from eligible employees.
The statutory entitlement is 7 consecutive days for each qualifying confinement, restricted to 5 confinements, regardless of the number of spouses.
For a broader overview of all statutory leave types, see types of leave in Malaysia.
Who Is Eligible for Paternity Leave?
Not every male employee automatically qualifies. There are two key eligibility conditions:
Condition 1: Length of Service
The employee must have been employed by the same employer for at least 12 months immediately before the commencement of paternity leave.
Employees with less than 12 months of service are not entitled to statutory paternity leave — though employers may choose to grant it as a discretionary benefit.
Condition 2: Legal Marriage
The employee must be legally married to the mother of the child. The entitlement applies in respect of each qualifying confinement and is restricted to 5 confinements, regardless of the number of spouses.
Notice Requirement
The employee is expected to give at least 30 days’ advance notice of the expected delivery date. If this is not possible — for example, in the case of a premature birth — the employee should notify the employer as soon as practicable after delivery.
How Many Days Is Paternity Leave in Malaysia?
The statutory entitlement is 7 consecutive days per qualifying confinement, at the employee’s ordinary rate of pay.
Importantly, the 7 days are consecutive calendar days — weekends and public holidays are counted within the leave period. Employers cannot substitute the 7 days with working-day-only equivalents.
| Detail | Entitlement |
|---|---|
| Duration | 7 consecutive days per qualifying confinement |
| Pay rate | Full pay at ordinary rate |
| Weekends/public holidays | Counted within the 7 days |
| Maximum statutory entitlement | Restricted to 5 confinements |
| Applicable sector | Private sector (Employment Act 1955) |
How to Process Paternity Leave: A Step-by-Step Guide for HR
Step 1: Verify Eligibility
Confirm that the employee has completed 12 months of service and is legally married. Check service records and HR files.
Step 2: Receive the Leave Application
The employee should submit a formal leave application — either via a leave management system or a written request. Encourage this to be done before the expected delivery date where possible.
Using an e-leave system that includes a paternity leave category ensures the application is properly recorded and routed for approval.
Step 3: Approve and Update Records
Once eligibility is confirmed, approve the leave and update the employee’s attendance and leave balance records. Paternity leave does not reduce the employee’s annual leave entitlement.
Step 4: Process Payroll
The 7 days are paid at full ordinary rate of pay. No deduction should be made from the employee’s salary for this period. Step 5: Maintain Documentation
Retain the leave application, any supporting documents (e.g., birth certificate or hospital record if requested), and the approval record for audit purposes.
Paternity Leave vs Maternity Leave: Key Differences
Both are statutory entitlements under the Employment Act 1955, but they differ significantly in duration and scope.
| Paternity Leave | Maternity Leave | |
|---|---|---|
| Duration | 7 consecutive days | 98 consecutive days |
| Eligible parent | Father | Mother |
| Service requirement | 12 months | Subject to maternity allowance eligibility conditions under the Employment Act, including the required employment period before confinement. |
| Number of children | First 5 births | Subject to Employment Act maternity allowance conditions, including the living children condition. |
| Pay | Full ordinary rate | Full ordinary rate |
For the full employer guide on maternity entitlements, see maternity leave Malaysia: an employer’s guide.
Can an Employer Refuse Paternity Leave?
No. Once an employee meets the eligibility conditions, the employer cannot refuse paternity leave. Doing so would constitute a breach of the Employment Act 1955 and could expose the company to a complaint with the Department of Labour (JTKSM).
Employers also cannot require employees to work during their paternity leave period or substitute it with cash-in-lieu.
Does Paternity Leave Apply to Contract Employees?
Paternity leave under the Employment Act applies to employees covered by the Act — which since January 2023 covers all employees regardless of salary level, subject to the specific provisions of each section.
For contract workers or those on fixed-term contracts, eligibility depends on whether their engagement meets the 12-month service requirement. Gig workers and independent contractors are generally not covered by the Employment Act.
FAQ: Paternity Leave Malaysia 2026
1. Does paternity leave apply to government employees?
No — the Employment Act 1955 covers the private sector. Government and statutory body employees are governed by separate civil service regulations, which have their own paternity leave provisions.
2. What if the employee’s child is stillborn?
If the birth occurs after at least 22 weeks of pregnancy, JTKSM guidance indicates that the husband may be eligible for paid paternity leave, provided the other eligibility conditions are met. Employers should handle such cases sensitively and refer to JTKSM guidance where clarification is needed.
3. Can paternity leave be taken after the delivery date?
According to JTKSM guidance, paternity leave starts on the date the employee’s wife gives birth and must be given continuously for 7 days. Employers should therefore process statutory paternity leave based on the birth date. Any additional flexibility beyond the statutory entitlement should be clearly treated as a company policy benefit or separate discretionary leave arrangement.
4. Does paternity leave count towards EPF and SOCSO contributions?
Yes. Since the employee continues to receive full pay during paternity leave, EPF, SOCSO, and EIS contributions are calculated and deducted as normal for that period.
5. Can companies offer more than 7 days of paternity leave?
Absolutely. The 7-day entitlement is the statutory minimum. Companies may offer enhanced paternity leave as part of their employee benefits package — and many do so to attract and retain talent. Any enhanced entitlement should be clearly stated in the employment contract or company policy.
6. When Does Paternity Leave Start?
Under JTKSM guidance, statutory paternity leave begins on the day the employee’s wife gives birth and runs continuously for seven consecutive calendar days. Employers may grant additional flexibility under company policy, but this is separate from the statutory entitlement.
Final Thoughts
Paternity leave is now a firm legal entitlement in Malaysia, not a discretionary benefit. HR teams should ensure their leave policies, approval workflows, and payroll processing are fully aligned with the Employment Act requirements.
For companies managing multiple types of statutory leave across a large workforce, an integrated e-leave system makes compliance far easier — automating entitlement tracking, approval routing, and payroll integration.
You may also find it useful to review sick leave entitlement in Malaysia and our full guide to annual leave in Malaysia for a complete picture of employee leave obligations.
Disclaimer: This article is for general HR and payroll information only and does not constitute legal, tax or professional advice. Employers should refer to the latest official guidance from LHDN, JTKSM and the applicable Malaysian laws, or seek professional advice for specific cases.
