Maternity Rights: Legal Safeguards for Female Employees

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.