Malaysia legislation

Section 38

of LABOUR ORDINANCE OF SARAWAK (AMENDMENT) ACT 2025

Section 38

The Ordinance is amended by inserting after section 105e the following section:

“Paternity leave.

105ea.  (1)  Subject to subsection (3), a married male employee shall be entitled to a paid paternity leave at his ordinary rate of pay for a period of seven consecutive days in respect of each confinement.

(2)

The paternity leave under subsection (1)

shall be restricted to five confinements irrespective of the number of spouses.

(3)

A married male employee shall be entitled to paternity leave from his employer if—

(a)

h e h a s b e e n e m p l o y e d b y the same employer at least twelve m o n t h s i m m e d i a t e l y b e f o r e the commencement of such paternity leave; and

(b)

he has notified his employer of the pregnancy of his spouse at least thirty days from the expected confinement or as early as possible after the birth.

(4)

A married male employee referred to under subsection (1) employed on a monthly rate of pay shall be deemed to have received his paternity leave pay if he continues to receive his monthly wages during his abstention from work during the paternity leave period without abatement in respect of the abstention for the month in which he takes such paternity leave.”.

New section 108c

Section 38 — AKTA ORDINAN BURUH SARAWAK (PINDAAN) 2025