Understanding paternity leave entitlement Malaysia is important for both employees and HR teams. When an employee becomes a father, employers need to know how many days of paid paternity leave are available, the eligibility requirements, notice requirements, and how the leave should be recorded in the company’s HR system.
Under the Employment Act 1955, eligible married male employees are entitled to seven consecutive days of paid paternity leave for each confinement, subject to the conditions set out in the Act. The statutory provision was introduced through the Employment (Amendment) Act 2022 and came into force on 1 January 2023. (JTK Malaysia)
For Malaysian businesses, having a clear paternity leave process can help HR teams manage employee leave more efficiently while ensuring attendance and payroll records remain accurate.
What Is Paternity Leave in Malaysia?
Paternity leave is paid leave provided to an eligible married male employee following the confinement of his spouse.
Under Section 60FA of the Employment Act 1955, an eligible married male employee is entitled to seven consecutive days of paid paternity leave at his ordinary rate of pay for each confinement. (JTK Malaysia)
The entitlement is subject to specific statutory conditions, so employers should not simply approve every paternity leave request without checking eligibility.
How Many Days of Paternity Leave Are Available?
The statutory entitlement is:
7 Consecutive Days
The seven days are consecutive, rather than seven working days. The employee is paid at his ordinary rate of pay during the statutory paternity leave period, subject to the applicable conditions. (JTK Malaysia)
This is important when configuring an HR or leave management system because paternity leave should not automatically be treated in the same way as annual leave.
Who Is Eligible for Paternity Leave?
The Employment Act specifies that the statutory entitlement applies to a married male employee, subject to the requirements in Section 60FA.
An employee must satisfy the statutory conditions before the employer is required to provide the entitlement.
The key requirements include:
- The employee must be a married male employee.
- He must have been employed by the same employer for at least 12 months immediately before the commencement of paternity leave.
- He must notify his employer about his spouse’s pregnancy at least 30 days before the expected confinement, or as early as possible after the birth if advance notification was not possible. (JTK Malaysia)
HR teams should therefore verify these requirements before finalising the leave record.
Paternity Leave Is Limited to Five Confinements
The Employment Act also limits statutory paternity leave to five confinements, irrespective of the number of spouses. (JTK Malaysia)
This means the statutory entitlement is not unlimited throughout an employee’s employment.
HR departments should maintain an accurate leave history so that the employee’s previous statutory paternity leave entitlements can be tracked correctly.
Paternity Leave and Ordinary Rate of Pay
Statutory paternity leave is paid at the employee’s ordinary rate of pay, provided the employee satisfies the applicable eligibility requirements.
This means HR and payroll teams should ensure the approved paternity leave is correctly reflected in payroll rather than treating the statutory leave as unpaid absence.
The legislation specifically provides for payment at the employee’s ordinary rate of pay for the seven consecutive days. (JTK Malaysia)
When Should Employees Notify Their Employer?
Employees should inform their employer about their spouse’s pregnancy at least 30 days before the expected confinement, where possible.
The law also recognises situations where advance notice is not possible. In that situation, the employee should notify the employer as early as possible after the birth. (JTK Malaysia)
For HR teams, having a digital notification and leave application process can make this easier to manage.
How HR Can Manage a Paternity Leave Application
A typical digital workflow can look like this:
Employee → Paternity Leave Application → Manager Approval → HR Verification → Attendance → Payroll
Step 1: Employee Submits the Application
The employee submits the paternity leave request through the company’s HR system.
Information may include:
- Employee Name
- Employee ID
- Expected Confinement Date
- Leave Start Date
- Leave End Date
- Supporting Information
Step 2: Manager Reviews the Request
The employee’s manager reviews the application and approves or rejects it according to the company’s workflow.
Step 3: HR Verifies Eligibility
HR can check:
- Length of Service
- Marital Status Documentation, where required
- Previous Paternity Leave Records
- Number of Applicable Confinements
- Notification Requirements
Step 4: Attendance Is Updated
Once approved, the paternity leave should appear in the employee’s attendance record.
This prevents the employee from being incorrectly marked absent.
Step 5: Payroll Is Updated
Because statutory paternity leave is paid subject to the applicable requirements, the approved leave should be reflected correctly during payroll processing.
Why Digital Paternity Leave Management Helps HR
Manual leave administration can become difficult when HR manages many employees.
A digital HRMS can help HR teams:
- Record Paternity Leave
- Track Leave History
- Check Leave Balance
- Manage Approvals
- Update Attendance
- Connect Leave with Payroll
- Generate HR Reports
This reduces the need to maintain separate spreadsheets for leave, attendance, and payroll.
Paternity Leave and Attendance Integration
Attendance systems should recognise approved paternity leave.
For example, if an employee is on paternity leave from Monday to Sunday, the system should recognise the approved leave period instead of marking the employee absent.
An integrated HR system can connect:
Paternity Leave → Attendance Calendar → Payroll
This helps HR maintain consistent employee records.
Paternity Leave and Payroll Integration
Payroll teams should ensure approved paternity leave is processed correctly.
With an integrated system, HR can avoid manually adjusting attendance records before payroll.
The workflow can be:
Leave Approval → Attendance Update → Payroll Processing → Digital Payslip
This reduces duplicate data entry and helps minimise payroll errors.
Paternity Leave vs Annual Leave
Paternity leave should not simply be deducted from an employee’s annual leave balance.
Statutory paternity leave is a separate entitlement under Section 60FA for eligible employees. The statutory entitlement is seven consecutive days, subject to the requirements of the Act. (JTK Malaysia)
HR systems should therefore maintain paternity leave as a separate leave category.
Paternity Leave vs Maternity Leave
Paternity and maternity leave are separate statutory provisions.
| Paternity Leave | Maternity Leave |
|---|---|
| For eligible married male employees | For eligible female employees |
| 7 consecutive days | At least 98 consecutive days under the Employment Act 1955 |
| Paid at ordinary rate of pay, subject to conditions | Subject to statutory maternity leave and allowance provisions |
| Limited to 5 confinements | Separate maternity entitlement |
| Section 60FA | Section 37 and related provisions |
The Employment Act 1955 was amended to increase statutory maternity leave to 98 consecutive days and introduce seven days of paternity leave. (JTK Malaysia)
What Should Be Included in a Company Paternity Leave Policy?
Employers can create a clear internal policy covering:
Eligibility
Explain who qualifies for statutory paternity leave and the relevant service requirements.
Entitlement
State that the statutory entitlement is seven consecutive days for eligible employees.
Notification
Explain how employees should inform HR about their spouse’s pregnancy and expected confinement.
Application Process
Explain how employees should submit their paternity leave application.
Supporting Documents
Specify any documentation required by the company, while ensuring the internal process is consistent with statutory requirements.
Approval Process
Explain who is responsible for reviewing and approving applications.
Payroll
Explain how approved paternity leave is reflected in salary processing.
Return to Work
Clearly state the employee’s expected return-to-work date.
Managing Paternity Leave for Growing Businesses
As a company grows, HR departments may have hundreds or thousands of employee records to manage.
Manual spreadsheets make it difficult to track:
- Previous Paternity Leave
- Current Applications
- Approval Status
- Attendance
- Payroll
- Employee Service Period
A digital HRMS provides a centralised record that can be accessed by authorised HR personnel.
Mobile Paternity Leave Applications
Mobile HR access can make leave applications more convenient for employees.
With Smart Touch’s HR ecosystem and Smart GoGo Mobile App, employees can access supported HR functions from their smartphones.
Depending on the configured solution, employees can:
- Apply for Leave
- View Leave Status
- Check Leave History
- View Leave Balance
- Review Attendance
- Submit Claims
- Check Overtime
- Access Digital Payslips
This reduces the need for employees to complete paper forms or physically visit the HR department.
Features to Look for in a Malaysia HRMS
Businesses looking to automate paternity leave should consider an HRMS with:
- Paternity Leave Management
- Maternity Leave Management
- Digital Leave Applications
- Leave Approval Workflow
- Leave History
- Leave Balance
- Attendance Integration
- Payroll Integration
- Employee Self-Service
- Mobile HR Access
- Digital Payslips
- Overtime Management
- Claims Management
- HR Reports
- Multi-Branch Support
The system should allow HR administrators to configure the appropriate leave categories and approval workflows.
Why Choose Smart Touch HRMS Malaysia?
Smart Touch Technology provides integrated HRMS and Payroll Solutions Malaysia that help businesses manage employee leave, attendance, payroll, overtime, claims, and digital payslips in one connected environment.
Key capabilities include:
- Paternity Leave Management
- Maternity Leave Management
- Leave Application
- Leave Approval
- Time Attendance
- Payroll Processing
- Overtime Management
- Employee Claims
- Employee Self-Service
- Smart GoGo Mobile App
- Digital Payslips
- HR Reporting
- Multi-Branch Management
- Cloud & On-Premise Deployment
By connecting leave with attendance and payroll, businesses can reduce manual administration and maintain more consistent employee records.
Stay Updated with Malaysia’s Paternity Leave Requirements
The statutory paternity leave provisions under the Employment Act 1955 were introduced through the Employment (Amendment) Act 2022 and came into force on 1 January 2023. The law provides eligible married male employees with seven consecutive days of paid paternity leave, subject to the statutory conditions. (JTK Malaysia)
Employers should also remember that the Employment Act 1955 applies principally to Peninsular Malaysia and the Federal Territory of Labuan. Sabah and Sarawak have separate labour legislation, so businesses operating across Malaysia should verify the applicable rules for each location. (Eaduan Gig)
Because employment legislation can be amended, HR teams should refer to the latest official government information when reviewing their company leave policies.
Conclusion
Understanding paternity leave entitlement Malaysia is important for employers and employees. Under Section 60FA of the Employment Act 1955, an eligible married male employee is entitled to seven consecutive days of paid paternity leave for each confinement, subject to the required eligibility and notification conditions. The statutory entitlement is limited to five confinements. (JTK Malaysia)
For HR teams, the challenge is not only understanding the entitlement but also recording and processing it correctly across leave, attendance, and payroll.
With an integrated HRMS such as Smart Touch, businesses can digitise paternity leave applications, approval workflows, attendance updates, payroll processing, and employee self-service.
This helps HR teams reduce paperwork, improve record accuracy, and provide employees with a more convenient way to manage their statutory leave.
For a complete breakdown of features and modules, visit our product page here: https://www.smartouch.com.my/e-leave-system/.
Smart Touch technology pte ltd , www.smartouch.com.sg +65-63964767, sales@smartouch.com.sg , www.smartouch.com.my +607-3889903 sales@smartouch.com.my