Key takeaways
- Private sector fathers across Malaysia are entitled to 7 consecutive days of paid paternity leave.
- Your employer pays your full salary during all 7 days. Paternity leave is a legal right, not a request.
- To qualify, you must be legally married, employed by the same employer for at least 12 consecutive months, and working under a contract of service.
- Paternity leave entitlement applies to the first five confinements per employee, irrespective of the number of spouses.
- Your employer cannot refuse paternity leave to an employee who meets all three eligibility conditions.
Introduction
Paternity leave in Malaysia is not a perk or a favour. It is a legal right, and your employer cannot take it away from you. As of 1 January 2023, fathers in the private sector are entitled to 7 consecutive days of paid leave when their spouse gives birth, and being present in that first week matters more than you can plan for.
This article covers how many days you are entitled to, who qualifies, how to apply, and how to make those 7 days count.
What is paternity leave in Malaysia?
Image: A new father cradling his newborn baby in a hospital room.
Paternity leave is paid time off work for a father following the birth of his child. The Employment Act (Amendment) 2022, effective 1 January 2023, introduced 7 consecutive days of paid paternity leave for all private sector employees in Peninsular Malaysia and Labuan, regardless of salary level. For the first time, fathers in Malaysia's private sector have a statutory right to be present in those earliest, most important days.
How many days of paternity leave are fathers entitled to in Malaysia?
Image: Calendar highlighting a 7-day paternity leave period.
Your paternity leave entitlement depends on your sector and location.
Private sector (Peninsular Malaysia and Labuan)
Under Section 60FA of the Employment Act 1955, all private sector employees in Peninsular Malaysia and Labuan are entitled to 7 consecutive calendar days per confinement of a lawful wife, regardless of salary level, effective 1 January 2023.
Government employees and civil servants
Civil servants are governed by JPA (Public Service Department) circulars, not the Employment Act. Confirm your entitlement (cuti bapa) with HR or refer to the Pekeliling Perkhidmatan applicable to your grade.
Employees in Sabah and Sarawak
The Employment Act 1955 applies to Peninsular Malaysia and Labuan only. However, both Sabah and Sarawak now also provide 7 consecutive days of paid paternity leave under Sabah's 2025 amendment and Sarawak's 2025 amendment, with the same eligibility conditions.
Can my husband take paternity leave?
Image: Expectant couple reviewing a document together at a desk.
Not all fathers automatically qualify. Here is exactly what the law requires.
What are the main eligibility requirements for paternity leave in Malaysia?
Under Sections 60FA(1), 60FA(2), and 60FA(3) of the Employment Act 1955, three conditions must be met:
- Legally married. Paternity leave applies to the confinement of a lawful wife only.
- Same employer for at least 12 consecutive months before the leave starts.
- Employed under a contract of service, whether permanent, contract, or part-time.
One additional point to be aware of: paternity leave entitlement is restricted to the first five confinements per employee, irrespective of the number of spouses. Once eligibility is confirmed, your employer cannot refuse the leave.
How to plan and apply for paternity leave as a family
Image: Father organising paternity leave documents and baby essentials at a desk.
You must notify your employer of your spouse's pregnancy at least 30 days from the expected confinement date, or as early as possible after the birth if it is unexpected, as per Section 60FA(3)(b) of the Employment Act 1955. The practical advice: do not wait until the final weeks. Inform HR as soon as you know, ideally by the end of the second trimester, and provide your expected delivery date and intended leave start date in writing.
Practical steps:
- Inform HR of the expected delivery date by the second trimester at the latest.
- Submit a written leave application with your expected delivery date and leave start date.
- Get written acknowledgement from your employer.
- Keep copies of all communications.
How to make the most of your 7 days
These 7 days are more than leave. They are the beginning of your family. Here is how to use them well:
- Be present at the hospital. Your partner needs you there, and your newborn needs to hear your voice from the very first hours. Our Hospital Bag Checklist (Part 2): Baby and Dad covers everything dad needs to pack.
- Support mum's recovery. Take over practical tasks (meals, errands, and older siblings) so she can rest and heal properly.
- Learn newborn basics together. Nappy changes, swaddling, bathing, soothing: these skills are easier when you learn them side by side from day one. Our Swaddle Baby: All You Need To Know covers everything you need to know about swaddling safely.
- Prepare the home. Set up the feeding station, sterilise bottles, and make sure everything is ready before mum and baby come home.
- Bond as a family. Skin-to-skin contact, talking to your newborn, and simply being present builds a connection that lasts.
For everything mum needs to know about her 98 days, read Maternity Leave in Malaysia: All You Need to Know.
FAQs: Paternity leave in Malaysia
Is paternity leave paid in Malaysia?
Yes. Private sector employees across Malaysia receive 7 days of fully paid paternity leave at their ordinary rate of pay, funded entirely by their employer.
Does the 7-day paternity leave include off days?
Yes. The 7 days are consecutive calendar days, so weekends and public holidays are included and count toward the total. You cannot be given 7 working days in place of 7 calendar days.
Can paternity leave be extended?
There is no statutory provision for extending paternity leave under the Employment Act. Some employers may offer additional days voluntarily. Check your employment contract or HR policy for what your company provides.
Can paternity leave be rejected?
No. An employer cannot refuse paternity leave to an employee who meets all three eligibility conditions. If your leave is denied, you can file a complaint with the Department of Labour Peninsular Malaysia (JTKSM).
When does paternity leave start?
Paternity leave typically starts from the day of birth or the day after. Confirm the exact start date with your employer when you submit your leave application, and get written confirmation.
Can my boyfriend get paternity leave?
No. Under the Employment Act 1955, paternity leave applies only to the confinement of a lawful wife. Unmarried partners are not entitled to statutory paternity leave under current Malaysian law.
Conclusion
Paternity leave in Malaysia now gives private sector fathers 7 consecutive days of fully paid leave following the birth of their child, funded by the employer and available to all eligible lawful spouses across the country. Being present in the first week matters for your partner's recovery, for your newborn's wellbeing, and for your family as a whole. The law gives you the right to be there. Use it.
As you prepare to welcome your new arrival, explore Offspring's range of gentle, certified-safe baby essentials, designed to support your family from the very first day.
