The Employment Act 1955 provides robust protections for female employees,
ensuring that pregnancy and motherhood do not jeopardize their
employment security or financial stability.
Under Part IX, Section 37, every female employee is entitled to
at least 98 consecutive days of maternity leave. Crucially,
Section 41A prohibits an employer from terminating a female
employee who is pregnant or suffering from a pregnancy-related
illness, except in extreme cases like business closure or
willful breach of contract.
If an employer does terminate a pregnant employee, the
"burden of proof" lies entirely on the employer to prove that
the dismissal was not due to the pregnancy. These provisions,
along with the entitlement to maternity allowance for those with
fewer than five surviving children, ensure that the Malaysian
workforce remains inclusive and supportive of working mothers.
